| Citation(s) |
|---|
| 1997 SLG 336 1997 SLD 336 1997 SCMR 1687 |
Supreme Court of Pakistan
Civil Appeal No. 19-Q of 1994, decision dated: 23rd June, 1997
AJMAL MIANMUKHTAR AHMAD, JUNEJO AND MUNAWAR AHMAD MIRZA, JJ
S.A.M. Quadri, Advocate-on-Record for Appellant. M.K.N. Kohli, Advocate-on-Record for
Respondents Nos. 1 and 2. M. Riaz Ahmed, Advocate-on-Record for
Respondent No. 3.
Respondent No. 4 in person
Civil Appeal No. 19-Q of 1994, decision dated: 23rd June, 1997
AJMAL MIANMUKHTAR AHMAD, JUNEJO AND MUNAWAR AHMAD MIRZA, JJ
S.A.M. Quadri, Advocate-on-Record for Appellant. M.K.N. Kohli, Advocate-on-Record for
Respondents Nos. 1 and 2. M. Riaz Ahmed, Advocate-on-Record for
Respondent No. 3.
Respondent No. 4 in person
FATEH ALI
VS
PROVINCE OF BALOCHISTAN through Secretary, Health and others
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Prospectus of Bolan Medical College, Quetta---Para. 29---Constitution of Pakistan (1973), Art. 185 (3)---Rejection of application for admission in Medical College on ground that candidate had not acquired requisite education in the Province of Balochistan---Validity---Leave to appeal was granted to consider, whether the Selection Committee was justified to reject the candidate's application for admission on the ground found favour with it; whether the Selection Committee misread the record by holding that the candidate had stated that he was Federal Government nominee in the public school he studied which was outside the Province of Balochistan and whether the other candidates who also got their education in the said school were granted admission in the college in a previous year. (b) Prospectus of Bolan Medical College, Quetta--- ----Para. 29---Admission in Medical College, para. 29---Prospectus of Bolan Medical College, Quetta required that the candidate must have passed Matriculation and Intermediate Examination from Balochistan unless the candidate could satisfy the Selection Committee with cogent reasons for not studying in Balochistan for claiming exemption from such condition---Held, in order to bring a case within the ambit of a "cogent reason", the ground should be of such a nature which. may compel the parents of the candidate concerned to get him/her education for Matriculation or F.Sc. outside the Province of Balochistan---Any ground which could have been avoided could not be treated as a cogent reason---Ground of getting better education was a ground which could have been avoided for such a ground was counter to the object of para. 29 of the Prospectus. Paragraph 29 of the Prospectus of Bolan Medical College, Quetta requires that the candidate must have passed Matriculation and Intermediate Examination from Balochistan unless the candidate could satisfy the Selection Committee with cogent reason for not studying in Balochistan for claiming exemption from this condition. The-object of providing above condition seems to be that the candidates competing inter se should have same educational background and secondly, this will also be an indicator…
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