Law:

Section:

Educational institution--- ---- Constitution of Pakistan (1973), Art.199---Ayub Medical College Prospecuts for the year 1990-91, cl. 6---Reservation of one seat for the children of permanent non-teaching staff---Contest for such reserved seat between the daughter of a retired non-teaching staff and the son of existing permanent non­ teaching staff---Petitioner, being the daughter of retired non-teaching employee, having more marks in Intermediate examination, claimed reserved seat in preference to the son of existing non-teaching permanent staff who had less marks than her---Provision of cl. 6 of the college prospectus would indicate that such seat had been reserved for the children of permanent non-teaching staff with at least three years' service in the college, which means that same had been reserved for the children of existing permanent non-teaching staff--­Authority having given admission to respondent/son of existing permanent non-teaching staff, had thus, committed no illegality and order of admission thus, granted, could not be termed as an order passed without lawful authority and of no legal effect---Order of admission was affirmed. Chambers 20th Century Dictionary, New Edn., p.1258 rel. PLD 1990 SC 159 ref. JUDGMENT MEHBUB ALI KHAN, J.---Miss Shazia Ayub in this Constitutional petition lodged under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 has challenged the validity of letter No.680/PS-4/KMC dated 27-1-1991 whereby Principals of the Ayub Medical College, Abbottabad and Khyber Medical College, Peshawar (now respondents Nos.l and 2 in the petition) have declined to allow her admission in 1st year M.B.,B.S. class in Ayub Medical College against the seat reserved for the children of non­teaching staff and gave that seat to Mahmood Taj respondent No.3. The petitioner has asked for declaring the action of respondents Nos.1 and 2 in this context without lawful authority, void, in excess of jurisdiction and of no legal effect and directing the aforesaid respondents to grant provisional admission to the petitioner in M.B.,B.S. 1st year class in place of respondent No.3. 2. Mr. Muhammad Ayub father of Miss Shazia Ayub is a…

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