| Citation(s) |
|---|
| 1994 SLG 1041 1994 SLD 1041 1994 CLC 1593 |
Civil Appeal No. 14 of 1994, decision dated: 10-04-1994.(On appeal from the judgment of the High Court dated 16-1-1994 in Writ Petition No. 133 of 1993)
SARDAR SAID MUHAMMAD KHAN, C.J. AND CHAUDHRY MUHAMMAD TAJ, J
Muhammad Farooq Kashmiri, Advocate for Appellant. Nemo for
Respondents Nos. 2 to 4. Abdul Latif Dutt, Advocate for
Respondent No. 5
S.C. AJ&K FAISAL BASHIR
VS
NOMINATION BOARD, AZAD GOVERNMENT OF JAMMU AND KASHMIR through its Chairman, Muzaffarabad and 4 other
Law:
Section:
(a) Words and phrases------- "Doctor" includes a Dental Surgeon and its meaning and connotation is not confined only to a M.B.,B.S. doctor. Blakiston's Illustrated Pocket Medical Dictionary and Concise Oxford Dictionary rel. (b) Educational institution--- ----"Locus poenitentiae", principle of---Applicability---Admission in M.B.,B.S., 1st Year Class on reserved seat---Initially appellant was nominated against reserved seat although respondent had more marks in the F.Sc. than appellant on the ground that respondent being the daughter of a dental surgeon was not qualified for admission---Admission Committee, however, subsequently, withdrew nomination of appellant and instead nominated respondent--Validity---Earlier order of nomination of appellant was withdrawn before the final step in pursuance of the nomination of appellant was taken i.e. before he was admitted to medical college---Nomination Board, thus retained locus poenitentiae to withdraw appellant's nomination without serving any notice--Appellant did not have a vested right merely by the factum of his nomination--Authority issuing an order can withdraw the same before final step was taken in pursuance of the same---General Clauses Act (X of 1897), S.21.--[Locus poenitentiae]. JUDGMENT SARDAR SAID MUHAMMAD KHAN, CJ.---This appeal has been directed against the judgment of the High Court dated 16-1-1994, whereby the writ petition filed by the appellant, herein, was dismissed. The brief facts giving rise to the present case are that Faisal Bashir, appellant herein, is son of Doctor Muhammad Bashir who holds M.B.,B.S. Degree. The appellant applied for admission to some medical college against the seat reserved for doctors' children. The appellant secured 680 marks in pre-medical examination held in the year 1992-93 while Miss Saadia Malik, respondent No.5, secured 819 marks in the pre-medical examination held in the year 1993-94. The Nomination Board considered the matter in light of the relevant instructions and nominated the appellant for admission against the reserved seat in Ayub Medical College, Abbottabad. The said decision of the Nomination Board was communicated to the Ministries of Health through…
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