Law:

Section:

Constitution of Pakistan (1973)-------Arts. 25 & 199---Petitioner after doing his M.B.,B.S.. passed M.R.C.P., Part I from U.K. and applied for exemption from F.C.P.S., Part I after completing all formalities---Application filed by petitioner alongwith complete Biodata and processing fee for such examination in accordance with Rules, was admitted by Authorities and assured petitioner that his case would be put up before Reference Committee which was expected to meet next month---After about six months from admission of application, petitioner was informed through letter that it was decided in the meeting that exemption from F.C.P.S., Part I would no more be granted on basis of passing F.R.C.S.-1/M.R.C.P.-1--­Meeting in which alleged decision for not granting exemption was taken, having been held after more than 3 months from entertaining application of petitioner, application of petitioner, could not be turned down as decision taken in meeting could not be given retrospective effect---Required exemptions not only were granted to other persons who had passed F.R.C.S: 1 and M.R.C.P.-1 prior to filing of Constitutional petition but had been granted very generously even during pendency of petition---Candidates who had passed M.R.C.P: 1 were entitled to exemption and petitioner had rightly complained of discriminatory treatment and decision against petitioner was clearly violative of Art.25 of Constitution of Pakistan---Authority having failed to justify its action against petitioner, request of petitioner for exemption was fully covered by policy in vogue at the time and he should have been granted exemption claimed by him---High Court setting aside action of respondent authority against petitioner directed it to allow petitioner exemption from F.C.P.S., Part I. Farman Shah v. Vice-Chancellor, Gomal University 1992 MLD 2029; Sarfraz Ahmed v. Government of Sindh 1992 CLC 1367; Government of Punjab v. Zia Ullah Khan 1992 SCMR 602 and Muhammad Tariq Raza v. Province of Punjab 1992 CLC 1181 ref. JUDGMENT The relevant facts for decision of this petition briefly are that the petitioner did his M.B.,B.S. in the year 1981 from the King Edward Medical College, Lahore and…

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