Case Details

Citation(s)
1981 SLG 1396 1981 SLD 1396 1981 SCMR 1196
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 924 of 1981, decision dated: 8-09-1981. (On petition against the judgment dated 30-6-1981 of the Lahore High Court in I. C. A. No. 265 of 1981)
SHAFI-UR-REHMAN AND M. S. H. QURESHI, JJ
Khalid Mahmood Pasha, Advocate Supreme Court and _Muhammad Naazar Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.

MUHAMMAD ARSHAD

VS

PRINCIPAL, KING EDWARD MEDICAL COLLEGE AND another

Law:

Section:

Educational institution--Prospectus of King Edward Medical College, r. 13-Admission to Medical Colleges-Candidates previously admitted in another Medical College; of country-Held: Cannot apply for fresh admission in another Medical College-Board admitting candidates to various Colleges in Punjab excluding petitioner on account of his earlier admission to a Medical College in N.-W. F. P. as a nominee of Azad Kashmir Government gave effect to provision of r. 13 and petitioner can have no grievance in such regard. ORDER SHAPI-UR-REHMAN, J.-The petitioner, a candidate for admission to the King Edward Medical College, Lahore, seeks leave to appeal against the judgment of the appeal Bench of the Lahore High Court dated 30-6-1981 where by his appeal against the dismissal of the constitutional petition against refusal to admit him to that College on merit, was dismissed. 2. The petitioner obtained 666 marks in the F. Sc. Pre-medical examina­tion and sought admission to Ayub Medical College, N.W. F. P. on the reserved seats of candidates belonging to Azad Kashmir and Northren Areas as prescribed in para. 6 of the Prospectus. He obtained it. He also applied for admission to the King Edward Medical College, Lahore, on the basis of merit and on the basis of being a domicile of the Punjab, He was refused admission in spite of having secured the required number of marks at the examination which possibly could have entitled him to admission in that College but for his having obtained admission on the reserved seats in another medical college 3. The petitioner challenged the refusal of the authorities by a constitutional petition. According to him the admissions to the College had to take place strictly on merit, on the basis of marks obtained at the examination, and it was an irrelevant consideration whether he had already obtained admission in another medical college on a reserved seat. 4. A learned Judge of the High Court held that no provision of the Prospectus enabled or entitled the petitioner to apply as one belonging to Azad Jammu & Kashmir as well as directly so he could not contest for a seat in the Punjab on merits. 5. On appeal a Bench of the learned Judges of…
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