Law:

Section:

Educational institution-------Admission in LL.B. Class---Regulation of the Institution had provided that holder of one professional degree could not take admission in another professional course---Candidate who was holder of M.P.A. degree which was a professional degree, could not take admission in the LL.B. class which was also a professional degree. JUDGMENT MUHAMMAD QAIM JAN KHAN, J.--- By virtue of the present Constitutional petition, Qaizar Khan petitioner has assailed the judgment of Additional District Judge, D.I. Khan, dated 27-10-1999, as illegal and without lawful authority whereby revision petition of respondents Nos. l to 4 has been accepted and the plaint of the petitioner has been rejected under Order VII. Rule 11, C.P.C. The plaintiff has asked this Court to set aside the aforementioned judgment an remand the case to the trial Court for further proceedings. 2. Facts of the case are that petitioner instituted a declaratory suit at he has obtained admission in LL.B. Part I (evening classes) under Roll No.26 in the Gomai University and has attended his classes for about one month. Thereafter, the defendants/respondents cancelled his admission on the ground that he has already obtained a professional degree. According to the petitioner, office order, dated 27-11-1999 vide which his admission has been cancelled is illegal, without jurisdiction and is liable to cancellation. During the trial, defendants/respondents preferred an application under Order VII, Rule 11, C.P.C. This application was resisted by the present petitioner. After hearing the learned counsel for the parties, the trial Court vide its order, dated 5-4-1999 rejected the application of the respondents/defendants (Gomal University etc.). Dissatisfied with this order, the respondents) defendants preferred revision in the Court of learned Additional District Judge, D.I. Khan. After hearing the respective counsel for the parties vide order, dated 27-10-1999 the learned Additional District Judge accepted the revision petition, set aside the impugned order, dated 5-4-1999 passed by the learned Civil Judge and the plaint of the plaintiff (Qiazar Khan) was ordered to be rejected under Order…

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