Case Details

Citation(s)
1991 SLG 1514 1991 SLD 1514 = 1991 SCMR 2099
Supreme Court of Pakistan
Civil Appeal No.24-Q of 1990, decision dated: 21st August,1990(Against the judgment dated 8-1-1990 of the BalochistanHigh Court, Quetta, passed in C.P.No.196 of 1989)
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

Miss SUMAEEA ZAREENSELECTION COMMITTEE, BOLAN MEDICAL COLLEGE, QUETTA and others

Law: Constitution of Pakistan 1973

Section: 15,185(3)

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Educational institution--Constitution of Pakistan (1973), Art.185(3)---Admission to college---Leave to appeal was granted to consider question as to whether the Selection Committee was justified in concluding that the candidate's father had committed forgery in his service book without holding a proper enquiry in this regard on the basis of mere visual examination of a photostat copy of the service book; whether in 'view of the admission policy the candidate could have been denied the admission on the ground that her father had allegedly produced a forged document for the admission in the previous year; and whether the Selection Committee was under duty to ascertain the correct facts as to the entitlement of the candidate's admission itself.(b) Civil Procedure Code (V of 1908)---------S. 11---Res judicata---Educational institution---Provisions of S.11, C.P.C. are applicable to a suit which may include some other judicial proceedings if the conditions contained therein are present---Proceeding before Selection Committee of an educational institution cannot be said to be judicial proceeding in terms of S.11, C.P.C:---Where the candidate for an admission in an educational institution did not have personal domicile when she applied for admission but obtained the same after her application for the admission was rejected and filed the same alongwith the fresh application, the candidate had fresh cause of action to apply: --[Educational institution].(c) Interpretation of statute-------- Words in a statute have to be given their ordinary meaning in the absence of any special meaning assigned to them under the relevant statute or the statutory rules.Ashiq Hussain and others v. The State 1989 SCMR 392 ref.(d) Words and phrases------Belong"---Connotation---Belong has very wide connotation as it inter alia includes a resident, a native and an inhabitant.Concise Oxford Dictionary Sixth Edn. 1976 and Chambers 20th Dictionary New Edn. ref.(e) Constitution of Pakistan (1973)------Art. 15---Ptospectus of Bolan Medical College, para.34---Educational institution ---Admission to College---Expression "actually belongs to the District, Agency of which he/she has produced the…
πŸ”’
Continue readingLogin or create an account to access the complete content.Login / Register