Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art.185(3)--Leave to appeal--Grounds--New plea--Neither argued before High Court nor dealt with by the , not 'permitted to be raised at leave to appeal stage. (b) Educational Institution-- ---Local Residence Certificate--Admission to medical college--Existence and effectiveness of certificate was by itself of no consequence unless selection committee was satisfied under the instructions--Initial duty was on candidate to satisfy the committee--Reason of migration from the region due to established enmity was not supported by any material--Selection Committee, held rightly did not take into consideration Local Residence Certificate. (c) Educational institution-- --- Conditions of service or admission to any institution--Whether vested right-­Change of Rules before petitioner applied for admission--Element of retrospectively, whether exists. No person acquires a vested right in the. conditions of service or admission to any institution at a stage when he acquires the qualification. It is something else which clothes him with a vested right m a matter. (d) Civil service-- --- Conditions of service--Whether vested right. Abdul Hafeez Memon, Advocate Supreme Court and Rashid Akhtar Qureshi, Advocate-on-Record for Petitioner . Nemo for Respondents. Date of hearing: 20th September, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, an otherwise eligible candidate for admission to Bolan Medical College, Quetta, seeks leave 4o appeal against the decision of the High Court of Baluchistan dated 27-6-1988 whereby he was denied admission to the college during the year 1987-88 and earlier too in 1986-87. The petitioner passed his Matriculation and Intermediate Science examination from Larkana, where his father was domiciled. For seeking admission in Bolan Medical College he claimed to be the Original resident of Kharan District in Baluchistan. He obtained the Local Residence Certificate from the District Magistrate Kharan which was more than once submitted to detailed scrutiny and in the year 1986-87 he was not taken to be a local resident and for that reason denied admission. In the year 1987-88, the Selection Committee twice considered…

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