Law: Constitution of Pakistan, 1973

Section: 199

Law: General Clauses Act, 1897

Section: 21

(a) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Educational institution---Admission in medical college---Self-finance Scheme---Principle of estoppel-- Applicability---Candidate was given admission in the college after deposit of money from secret fund/discretionary grant of -the Chief Minister of the Province---Authorities, after the change of Government issued notice for the withdrawal of the amount so deposited---Candidate in reply to the notice requested for the deposit of the amount in installments---Effect---Chief Minister was not competent to deposit the amount in lump sum on behalf of the candidate and the same was extra burden on the public exchequer-- Candidate, after making a request for deposit of amount in installments, was estopped under the law to challenge the notice issued for the deposit of the money---Candidate could, not be allowed to approbate and reprobate simultaneously. PLD 1969 SC 407 and 1997 SCMR 15 ref.   (b) General Clauses Act .(X of 1897) S. 21---Principle of locus poenitentiae---Applicability---Authority, which can pass order, is also competent to vary, amend or rescind the same. PLD 1992 SC 207 ref. Date of hearing: 19th September, 2000.                                                                                                                                                          JUDGMENT AMAN ULLAH KHAN, J.--- Facts giving rise to instant petition are: that Authorities of Bolan Medical College, reserved certain seats for the students on "Self-finance basis" for the Academic Session 1997-98. The petitioner alongwith other students submitted application forms, for admission in Bolan Medical College, on the basis of said scheme. The application form of petitioner was accepted by the Principal, Bolan…