| Citation(s) |
|---|
| 1999 SLG 854 1999 SLD 854 1999 CLC 717 |
Sindh High Court
Constitutional Petition No. D-1032 of 1997, decision dated: 17-04-1998
WAJIHUDDIN AHMED, C.J. AND MUHAMMAD ROSHAN ESSANI, J
Usman Ghani Rashid for Petitioner. Muhammad Sarwar Khan, Addl. A.G., Sindh for
Respondents Khalid Javed Khan for
Respondent No. 5
Constitutional Petition No. D-1032 of 1997, decision dated: 17-04-1998
WAJIHUDDIN AHMED, C.J. AND MUHAMMAD ROSHAN ESSANI, J
Usman Ghani Rashid for Petitioner. Muhammad Sarwar Khan, Addl. A.G., Sindh for
Respondents Khalid Javed Khan for
Respondent No. 5
RAJESH KUMAR
VS
CHIEF MINISTER, GOVERNMENT OF SINDH and 6 others
Law:
Section:
(a) Educational institution----- Admissions to professional institution---Nomination against special quota--Conditions---Where nomination is to be made from an array of candidates, merit cannot be ignored except in public interest---Such public interest can be meritorious services of a father, who had died in the course of duty, the offspring benefitting---Claims of destitutes, otherwise left without succour or a fair and equitable distribution in various territories from which the nominations are to be made and in all hardship cases. (b) Educational institution--- ---- Admission to University of Engineering, Science -and Technology--Nomination by Chief Minister's quota---Name of the petitioner/candidate was not included in the final list of such nominees who were given admission--Petitioner/candidate stood rejected and his Constitutional petition was pending when those who were nominated and admitted had taken and even qualified the first year Engineering Examination---Candidate was not allowed the provisional admission by the High Court in such circumstances. Farhan Ahmed v. Government of Sindh C.P. No.D-2158 of 1996 fol. ORDER The petitioner is claiming under a quota of five seats reserved for the nominees of Chief Minister, Sindh in the Quaid-e-Awam University of Engineering, Science and Technology, Nawabshah. In the first place, the learned Additional Advocate-General, Sindh, upon instructions, states that such quota has since stood abolished, something which should meet our approbation. Nonetheless the controversy in this petition remains to be examined. It is the case of the respondents that nominations were received by the University on 27-1-1997 and, instead of five, such were nine in number. On 28-1-1997, therefore, the University wrote back and asked for a preference amongst the nine named nominees. None of those nine was the petitioner here. Mr. Usman Ghani Rashid, the petitioner's learned counsel, himself concedes that the order on the petitioner's application viz., "admit" was passed not earlier than on 28-1-1997. Be that as it may, the fact remains that when the five nominees were ultimately sent to the University per letter, dated 19-2-1997…
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