| Citation(s) |
|---|
| 2001 SLG 3113 = 2001 SLD 3113 = 2001 CLC 310 |
Peshawar High Court
Writ Petition No. 131 of 2000, decided on 1st June, 2000.
Presented By: Malik Hamid Saeed and Tariq Parvez, JJ
M. Saleemdil Khan for Petitioner. A.A. -G. for
Respondents Nos. l and 3. Wasimuddin Khattak for
Respondent No.2.
Writ Petition No. 131 of 2000, decided on 1st June, 2000.
Presented By: Malik Hamid Saeed and Tariq Parvez, JJ
M. Saleemdil Khan for Petitioner. A.A. -G. for
Respondents Nos. l and 3. Wasimuddin Khattak for
Respondent No.2.
SAADIA ABDUL QAIYUM---Petitioner
VERSUS
JOINT ADMISSION COMMITTEE (for B.D.S.) through Principal Khyber College of Dentistry, Peshawar as Chairman and 2 others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan (1973) Art. 199---Constitutional petition---Educational institution---Admission in B.D.S.--- Special quota seats---Candidate who was daughter of a doctor registered with P.M.D.C. and domiciled in N.-W.F.P. applied in category of seats for other Doctors---Admission was denied to the candidate for the reason that she could not produce General Practitioner Certificate of her father instead admission was given to respondent who fell in the category of "children of doctors of Health Department"---Validity---Candidate fell in different category, while admission was given in different category---Where both the categories were distinct and separate for their independent allocation of quota of seats, denial of admission to the candidate was illegal and wrong---High Court directed the Authorities to give admission to the candidate in B.D.S. on the basis of her merit---Respondent did not secure admission through misrepresentation or by committing fraud or misstatement and she was not at fault, rather it was because of the interpretation of different categories given by the Authorities---High Court recommended the Authorities to regularize admission of the respondent so that her academic career and session was not wasted. Date of hearing: 23rd May, 2000. JUDGMENT TARIQ PARVEZ, J.--- Petitioner Saadia Abdul Qayum who is daughter of Dr. Abdul Qayum, a Medical Practitioner in allopathic medicines on securing overall merit score to the tune of 82.799, applied for admission in a Medical College of N.-W.F.P. against Category of "quota seats for the children of N.-W.F.P. Doctors" (Category-II). Respondent No.2 who had obtained overall merit score of 82.846, and is…