Law:

Section:

(a) Educational Institution--------- Admission to Medical College--Foreign student was allowed admission against, seats reserved for foreign students on self-finance basis---Prospectus of the Medical Colleges-in Punjab for the year in question had stipulated that the applicants seeking admission on self ­finance basis would be required to contribute to the college endowment fund at a rate depending on the college where a student was granted admission---Validity---Student who could not get admission on general merit, he himself opted to avail the benefit of self-finance scheme and as per the admission form, he agreed to abide by the terms and conditions prescribed in this regard---Such student, in circumstances, could not take exception to the scheme itself. (b) Constitution of Pakistan (1973)--- ----Arts. 9, 25 & 199---Constitutional petition ---Educational Institution--­Admission to Medical College---Admission of foreign students in Medical Colleges in Punjab on Self-finance Scheme---Condition of payment of endowment fund---Although there was a uniform fee structure for the students admitted on general merit for local students admitted under Self-finance Scheme as also the foreign students admitted under the Pakistan Technical Assistance Programme but the foreign students admitted under the Self-finance Scheme had been subjected to a varying fee structure depending on the Medical Colleges in which they were admitted---Validity---While prescribing different rates for different Medical Colleges in Punjab in the Scheme, the Provincial Government neither in its letter to the Medical Colleges -nor in the comments submitted to the High Court had given any reason for such difference in rates---Such Scheme, therefore was arbitrary and violative of Arts.9 .& 25 of the Constitution---Right to education was a fundamental right and could not be subjected to arbitrary conditions or clogs requiring payment of exorbitant fee---If the students admitted in Bahawalpur, Multan, Rawalpindi etc. and Lahore under the general merit or under the Pakistan Technical Assistance Programme were paying the uniform fee irrespective of the college, there was no reason why the…

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