Case Details

Citation(s)
2003 SLG 2488 2003 SLD 2488 2003 CLC 319
Peshawar High Court
A.W.P. Nos.1270, 1287; 1324 and 1417 of 2000, decision dated: 13-12-2000.
MALIK HAMID SAEED AND EJAZ AFZAL KHAN, JJ

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Miss GUL ROOKH SARFARAZ and 8 others

VS

GOVERNMENT OF N.W.F.P. through Chief Secretary and 45 others

Law:

Section:

(a) Educational institution------- Admission to medical college---Candidates of Federally Administered Tribal Areas---Admission Policy to Medical College---Scope---Under the Federal Rules of Business as well as North-West Frontier Province Rules of Business, the SAFRON and Home Department of North-West Frontier Province both are concerned with nomination and admission of Federally Administered Tribal Areas candidates on reserved seats respectively--- Total 111 seats had been reserved for Federally Administered Tribal Areas candidates throughout the country out of which 85 seats had been allocated in the various medical colleges of North-West Frontier Province whereas the remaining 26 seats had been reserved in other medical colleges of the three Provinces---Prerogatives had been given to the Home and Tribal Affairs Department to make and finalize admissions on the 87 reserved seats in the medical colleges of North-West Frontier Province through Joint Admission Committee and to recommend the list of those seats to SAFRON which are available in the medical colleges of the other Provinces for disposal at their end ---SAFRON as well as the North-West Frontier Province Home and Tribal Affairs Department both agreed to change the criteria for admission on Federally Administered Tribal Area reserved seats in future and the Joint Admission Committee was nominated to go through the whole process of admission---Medical Colleges, in the North-West Frontier Province, are under the control of the Provincial Government---Being controlled and run by its Health Department, the Provincial Government is thus competent to make admission policies for admission in the colleges. Miss Uzma Sabir Qureshi and others v. Government of Balochistan through Secretary, Health Department, Quetta and others 1999 YLR 1326 and Gul Khan v. Government of Balochistan through Secretary Education and 4 others PLD 1989 Quetta 8 ref. (b) Constitution of Pakistan (1973)------- ---Art. 199---Constitutional petition---Educational Institution---Vires of Admission Policy with regard to admissions in medical colleges for Federally Administered Tribal Area reserved seats---Scope---Petitioners were candidates…
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