Case Details

Citation(s)
1996 SLG 254 1996 SLD 254 1996 SCMR 1172
Supreme Court of Pakistan
Civil Appeal No.6-Q of 1994, decision dated: 16-04-1996. On appeal from the judgment dated 9-12-1993 of the High Court of Balochistan, Quetta, passed in .Constitution Petition No.473 of 1993
AJMAL MIAN. SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMAD, JUNEJO, JJ
S.A.M. Quadri,-Advocate-on-Record for Appellant. Raja Abdul Ghafoor, Advocate Supreme Court for
Respondents Nos. 1 to 3.M.K.N. Kohli, Advocate-on-Record for
Respondent No. 4.
Respondent No. 5. Ex pane

QAMARULLAH

VS

SELECTION COMMITTEE BOLAN MEDICAL COLLEGE, QUETTA and others

Law:

Section:

(a) Prospectus of Bolan Medical College, Quetta-------Para. 29---Constitution of Pakistan (1973), Art. 185(3)----Admission to Medical College---Eligibility---Leave to appeal was granted to examine, whether the view found favour with the High Court that the requirement of passing Matriculation Examination from Balochistan was not attracted in the case of admission to Medical College, was correct. (b) Prospectus of Bolan Medical College, Quetta--- ----Para. 29---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Admission to Medical College---Candidate for admission, who was permanent domicile of Balochistan had passed the Matriculation Examination from outside Balochistan---Effect---Said candidate had no tie with another candidate (respondent) as to the marks obtained by them in F.Sc. examination--­Selection Committee was competent to decide as to whether the reason given simpliciter by the candidate for having passed his matriculation from outside Balochistan, namely, better education was sufficient or not---High Court in its Constitutional jurisdiction, could not interfere with the conclusion of the Selection Committee and hold that the reasons recorded by the Selection Committee were perverse in circumstances. (c) Prospectus of Bolan Medical College, Quetta --- ----Para. 29---Admission to Medical College---Requirement of passing Matriculation and F.Sc. Examinations from Balochistan---Exception---Cogent reasons what constitutes---If a candidate who is a permanent domicile and resident of Balochistan, on account of some compelling reasons, receives education from outside Balochistan and passes his Matriculation and F.Sc. Examinations from outside Balochistan or if Balochistan Government itself nominates a candidate for getting his education up to Matric or F.Sc. in a well­ reputed institution outside Balochistan against reserved seats of Balochistan such circumstances will constitute "cogent reasons" within the purview of para. 29, Prospectus of Bolan Medical College, Quetta ---Question as to whether a particular reason given by a candidate for having passed his Matriculation and/or F.Sc. Examination from outside Balochistan can be considered…
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