Case Details

Citation(s)
1999 SLG 810 1999 SLD 810 1999 CLC 388
Sindh High Court
Constitutional Petition No.D-548 of 1998, decision dated: 6-10-1998
KAMAL MANSUR ALAM, C.J. AND MUHAMMAD, ROSHAN ESSANI, J
Abdul Hameed Shaikh for Petitioner. Muhammad Iqbal Rao, A.G., Sindh for
Respondents .Noor-ud-Din Sarki for
Respondent No. 5

SAJJAD AHMAD ANSARI

VS

THE GOVERNMENT OF SINDH and others

Law:

Section:

Educational institution------ Admission in medical college---Petitioner applied for admission on reserve seat---Admission was given to respondent as she had secured more marks than petitioner---Admission of respondent was subsequently cancelled on charge of tampering with marks and petitioner was given admission in her place----Re-verification of record, however, showed that tampering was done with a view to reduce marks obtained by respondent---Even otherwise tampered marks of respondent were more than those of petitioner---Show-cause notice was issued to petitioner and his admission was cancelled---Right of petitioner to continue his studies---Validity---Petitioner was given admission only after admission of respondent was cancelled on a wrong report, which was manipulated and within a period of one month, correct position came to light---If person who, was given admission by mistake was allowed to continue his education in colleges that would not only encourage malpractice of tampering with record, but would also create difficulties for medical colleges to accommodate students beyond available seats--.-Admission of petitioner was correctly - recalled by Authorities in circumstances. Chairman, Selection Committee/Principal, King Edward Medical College, Lahore and 2 others v. Wasif Zamir Ahmad and another 1997 SCMR 15 ref. ORDER The facts leading to the filing of the present Constitutional petition by the petitioner are that the petitioner passed his H.S.C. Part 11 Examination 1997 and secured 842 marks including NCC marks. He applied for admission in respondent No. 2 college in the First year M. B.,B.S. Session 1997-98 against the seats reserved for District Shikarpur. The respondent No.5 too applied for admission in the M.B.,B.S. Classes 1996-97 Session in the same college and she was given admission. Later, on some report about the tampering of result of the respondent No.5, the respondent No.2 made enquiries from respondent No.3 Board and was informed that she had secured 741 marks. Accordingly, her admission was cancelled by order, dated 11-3-1998 on the ground of tampering of record. The said respondent protested and on re-verification, the Board found…
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