Case Details

Citation(s)
1996 SLD 817 = 1886 CLC 1750
Lahore High Court
Writ Petition No. 7882 of 1995, heard on 16th May, 1996.
Presented By: Before Ch. Muhammad Nasim, J
Ch. Muhammad Tufail Alvi for Petitioner. Muhammad Sarwar Bhatti, Asstt.A.-G. for
Respondents.

Miss KHALIDA ZAFAR---Petitioner

VERSUS

CONTROLLER,      NURSING      EXAMINATION     and others---Respondents

Law:

Section:

Educational institution--- ---- Constitution of Pakistan (1973), Art. 199---Constitutional petition--= Admission in two years' course of Lady Health Visitors---Qualifications prescribed for admission to such course was F.Sc/Matriculation with Science 2nd Division C-Grade (minimum 50 per cent. marks in Science subjects)---Petitioner did not possess requisite qualifications but was admitted to the course and when she completed one year's course and examination was about to commence, she was declared not eligible to appear in examination on the ground that her aggregate marks were below 50 per cent. as per admission policy---Validity---Even though petitioner was not qualified having passed her Matriculation Examination in Grade D, she was admitted by the Principal, Public Health Nursing School in violation of policy letter issued by the Government on 19-9-1994---High Court cannot approve wrong and misdoing of petitioner and the Principal, out of whom former made the application for her admission even though she was ineligible and the latter admitted her in spite of her disqualification---In education field a system known as "carry on system" has taken birth/stands initiated whereby students who do not have requisite qualifications get admission provisionally and thereafter go on appearing in examinations and succeed in completing the course to obtain decree/diploma-- Such "carry on system" in education field must eclipse and vanish for it was a source of indiscipline in   educational institutions which are the places to inculcate and breed up discipline---"Carry on system" in education field should not be blessed by the Courts for the same not only offends the law but also against ethics---Petitioner being not eligible to get admission in Lady Health Visitors Course, no Constitutional right of her stood infringed---Rules and regulations cannot be changed for one individual to accommodate him/her---High Court directed that misdeed and misdoing of concerned Principal be brought to the notice of Secretary, Health Department to look into the matter and do the needful---Petitioner being not eligible to appear in on coming…
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