Law:

Section:

(a) Educational Institutions--Constitution of Pakistan (1973), Art.185(3)---Denial of admission in Engineering College in terms of para. 2.12 of Admission Policy ---Validity--­ Leave to appeal was granted to consider whether petitioner being a teen-ager at the relevant time when he sought admission in the first year of F.Sc. in another Province, under direction and control of his parents, should not be treated as one under compulsion and if so, whether such action was beyond his control within meaning of Para. 2.12 of the Prospectus. (b) Educational institutions-- ---- Denial of admission in Engineering College was in terms of para. 2.12 of Admission Policy whereby a candidate who had passed Matriculation/F.Sc. from outside the Province and failed to satisfy the Selection Committee about reasons being beyond his control for not studying in the Province would be ineligible---Candidate had studied for one year outside the Province and on such ground he was denied admission---Candidate in his explanation had stated that due to Tribal feud he apprehended danger to his life and thus had to go out of the Province to continue his studies---Candidate's apprehension was supported by certificates to that effect by the Deputy Commissioner and Chief of the Tribe---High Court, in rejecting explanation of candidate had misread the evidence produced in support of explanation offered by him--­Para. 2.12 of Admission Policy making a candidate ineligible for admission to Engineering College if he had passed his Matriculation/F.Sc. Examination from outside the Province, was no doubt a prohibition and a part of policy governing admission in the larger public interest and had to be strictly construed---Proviso, that upon satisfactory explanation regarding reasons which impelled a student to pursue his studies outside the Province for reasons beyond his control being a provision in the nature of remedial legislation had, to be liberally construed---Material brought on record was sufficient for Selection Committee to permit candidate to apply for admission and consider his application as an eligible candidate---Subject to satisfaction of other requirement of Rules and Regulations for…

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