Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Educational institution---Admission in B.D.S.--- Special quota seats---Candidate who was daughter of a doctor registered with P.M.D.C. and domiciled in N.-W.F.P. applied in category of seats for other Doctors---Admission was denied to the candidate for the reason that she could not produce General Practitioner Certificate of her father instead admission was given to respondent who fell in the category of "children of doctors of Health Department"---Validity---Candidate fell in different category, while admission was given in different category---Where both the categories were distinct and separate for their independent allocation of quota of seats, denial of admission to the candidate was illegal and wrong---High Court directed the Authorities to give admission to the candidate in B.D.S. on the basis of her merit---Respondent did not secure admission through misrepresentation or by committing fraud or misstatement and she was not at fault, rather it was because of the interpretation of different categories given by the Authorities---High Court recommended the Authorities to regularize admission of the respondent so that her academic career and session was not wasted. JUDGMENT TARIQ PARVEZ, J.--- Petitioner Saadia Abdul Qayum who is daughter of Dr. Abdul Qayum, a Medical Practitioner in allopathic medicines on securing overall merit score to the tune of 82.799, applied for admission in a Medical College of N.-W.F.P. against Category of "quota seats for the children of N.-W.F.P. Doctors" (Category-II). Respondent No.2 who had obtained overall merit score of 82.846, and is daughter of Dr. Latif Shah, employed in Health Department of Government of N.-W.F.P., and is presently posted in District Headquarter Hospital Abbottabad also applied for admission. She was given admission in Ayub Medical College Abbottabad in the Bachelor of Dental Surgery (BDS) selected against Category-II, i.e. "Children of Doctors of N.-W.F.P.". Aggrieved of the denial of admission to the petitioner and instead admission given to respondent No.2, the present petition has been filed. 2. The moot question in this case…

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