Law: Constitution of Pakistan, 1973

Section: 185(3),25(2),22(3)(b)

  Constitution of Pakistan (1973)--   ---Arts.185(3), 25(2) 22(3)(b)--Fundamental rights--Educational institution-- Admission--Question of discrimination in the matter of allocation of seats between boys and girls--Question involved was one related to the applicability and enforcement of a afundamental right and was of general public importance and difference of opinion between Judges of the High Court on the question, held, made all the more necessary for an authoritative pronouncement being made thereon by the Supreme Court--Leave to appeal granted.--[Educational institu­tions].   ORDER NASIM HASAN SHAH, J.--This order will dispose of the above-mentioned 18 petitions for leave to appeal as the questions of law arising in all of them are similar. For the purposes of this order it will suffice to refer to the facts of Civil Petition No.487 of 1987 (Miratul Ain v. .Province of the Punjab and another). The petitioner is a girl student who passed her F.Sc. Examination held in 1986 obtaining 733 marks and had applied for admission to a Medical College in the Punjab for the Session 1986-87. It appears that a total number of 858 seats were available for students desirous of studying medicine in the Medical Colleges in the Punjab for being filled on the basis of merit. As the girl students had done much better in the F.Sc. Examination than boys and would have taken most of the available seats open for admission on merit basis, the seats to be filled by open merits were allocated in the ratio of 677 seats for boys and 181 seats for girls. After the receipt of the admission forms for seats to be filled on merit basis it transpired that the male students obtaining 731 marks would become eligible whereas the female students obtaining 821 marks and above could alone be admitted. Thus, the petitioner though having secured 733 marks was to be passed over by a boy student obtaining 731 marks. This discrimination in the matter of allocation of the seats between the boys and girls was challenged by a large number of girl students by filing writ petitions before the Lahore High Court wherein they contended that the refusal to admit them to a Medical College…

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