| Citation(s) |
|---|
| 1998 SLG 1489 1998 SLD 1489 1998 CLC 1944 |
Sindh High Court
Constitutional Petition No.22 of 1997, decision dated: 13-05-1998, hearing DATE : 28-04-1998
WAJIHUDDIN AHMED, C.J. AND MUHAMMAD ROSHAN ESSANI, J
Miss Tehniat Farooq for Petitioner. Muhammad Iqbal Raad, Addl. A.G., Sindh for
Respondents. Nemo for
Respondent No. 3. Khalid Jawed for
Respondent No. 4
Constitutional Petition No.22 of 1997, decision dated: 13-05-1998, hearing DATE : 28-04-1998
WAJIHUDDIN AHMED, C.J. AND MUHAMMAD ROSHAN ESSANI, J
Miss Tehniat Farooq for Petitioner. Muhammad Iqbal Raad, Addl. A.G., Sindh for
Respondents. Nemo for
Respondent No. 3. Khalid Jawed for
Respondent No. 4
ANEEL KUMAR
VS
PROVINCE OF SINDH through Secretary, Health Department, Sindh Secretariat, Karachi High Court and 3 others
Law:
Section:
Educational institution------- Admission to Medical College---Rule III(2)(ii), (iii) & (iv) of Prospectus for Medical Colleges, Sindh for 1996-97 provided that every candidate for admission to 1996-97 Session, must fall within one of three categories mentioned in that rule, whereas case of candidate did not fall within any of the said categories---Candidate had cleared his Intermediate Pre-Medical Examination in 1995 from India and he applied for admission during Session 1996-97 whereas according to R.III(2)(ii)(iii) & (iv) of Prospectus for Medical Colleges, Sindh for 1996-97, only those candidates who had passed Intermediate Examination in year 1996 were eligible for Session 1996-97---Authority had rightly found that candidate was not eligible to be considered for admission in the First Professional M.B.,B.S. Course during Academic Session 1996-97 because he had cleared his Intermediate Examination in 1995---Formula deducting 20 marks of candidate was also rightly applied by Authority. JUDGMENT MUHAMMAD ROSHAN ESSANI, J.--- The petitioner through this petition has sought the following reliefs:-- (a) To declare that the impugned certificate, dated 10-12-1996 issued by the respondent No.3 i.e. Registrar University of Sindh is without lawful authority and of no legal effect; (b) To direct the respondent No.2 i.e. Principal and Chairman, Selection Board Chandka Medical College, Larkana to admit the petitioner on the basis of merit in terms of the certificate granted by the Inter-Board Committee of Chairman, dated 27-11-1996. The brief facts, for seeking the above reliefs as stated in the petition, are that the petitioner is a Citizen of Pakistan and a permanent resident of District Ghotki. He passed his Matriculation examination from Government High School, Mirpur Mathelo in the year 1981 in "A-1" Grade. After obtaining admission, in Intermediate Pre-Medical Group the petitioner went to India and according to him owing to certain family circumstances he stayed in India and passed his Intermediate Pre-Medical Examination from the Maharashtra State Board of Higher Secondary Education Bombay in the year 1995 and he was placed in Grade "A" by obtaining 75.83…
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