Law:

Section:

(a) Educational institutions---Prospectus of Bolan Medical College, r. 18-Special leave to appeal­ Granted to consider whether r. 18 of Prospectus requiring 12 years, stay in Province of Baluchistan for eligibility for admission was dis­criminatory and ultra vires of Constitution of Pakistan (1973). Medical Collages (Governing Bodies) Ordinance (XIII of 1961) ----Ss.8 & 9 read with Prospectus of Bolan College-Status of rules or regulations embodied in prospectus-Held, cannot be placed higher than rules or bye-laws framed in exercise of delegated powers, or executive authority-Such bye-law or rule can be struck down on ground of unreasonableness.--[Legislation] The status of the rules or Regulations embodied in the Prospectus of Boian Medical College could not, in any case, be placed higher than rules or bye-laws framed in exercise of delegated powers, or executive authority, Such a bye-law or rule can be struck down on the ground of unreasonableness. The reason for this view is not far to seek. If the Legislature delegates its powers to a specified executive or statutory authority as to make rules for the application and admi­nistration of a law made by it, it clearly proceeds on the assumption that such authority will confine its rule-making within the ambit of the power conferred on it, and that it will not make a rule, which suffers from uncertainty or unreasonableness, as such an infirmity was bound to defeat the very purpose of the parent legislation. Muhammad 1qbal Khan Niazi v. Vice-Chancellor, University of the Punjab and others P L D 1979 S C 1 ; Shahnaz Maqbool v. Province of Sind and another P L D 1979 S C 32 and Craies' Treatisa on Statute Law, (c) Educational institutions- ----Prospectus of Bola Medical Collage, r 18-Admission to Medical College-Creation of further classification among domiciled candidates by prescribing an arbitrary period of 12 years' residence for parents of such candidates simply owing to apprehension that otherwise un­scrupulous persons will manage to obtain false domicile certificates--­Held, not justified-Requirement of 12 years' residence prescribed not ' for candidates but for his parents or guardian-Held, unreasonable…

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