| Citation(s) |
|---|
| 2003 SLG 2613 2003 SLD 2613 2003 CLC 1044 |
Sindh High Court
Constitutional Petition No.204 of 2002, decision dated: 15-01-2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
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Constitutional Petition No.204 of 2002, decision dated: 15-01-2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
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MARIAM
VS
UNIVERSITY OF KARACHI through Vice Chancellor
Law:
Section:
University of Karachi Act (XXV of 1972)-----------S. 22---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational institutions---Admission Policy---Petitioner, though eligible to admission in two faculties applied for, was declined the same for having submitted more than one form for admission on merits---Validity---Petitioner had secured more marks than other students, who were awarded admission to faculties in question--Eligibility of petitioner to admission to any of the two faculties for which she had submitted forms was not denied---Relevant para. of Procedure for Admission was not thoroughly clear to enable young students like petitioner with little knowledge to understand full import of its language---Petitioner had fallen prey to honest yet mistaken belief and there was no element of malice on her part---High Court accepted Constitutional _ petition declaring petitioner entitled for admission in University according to merits in subjects applied for. Khalid Javed for Petitioner. Nadeem Azhar Siddiqui for Respondent. Muhammad Sarwar Khan, Addl. A.-G., Sindh. Date of hearing; 25th April, 2002. JUDGMENT GHULAM RABRANI, J.--- Through this petition petitioner has made the following prayer:-- (a) Declaring and directing the respondent to allow Admission 2002 to the petitioner in B.A. (Honours) in English and allow the petitioner to deposit the admission fee and other charges and attend the classes and get study in current session in the University of Karachi. In the alternate the directions may be given to the respondent to the effect that the petitioner may be allowed to be admitted in B.Sc. (Honours) in Physics as the petitioner is eligible to get admission in any of the above subjects in view of the marks obtained by her and according to the merit; (b) declare that the procedure of admission contained in Annexure P/II to the petitioner where by the rejection of Admission Form is provided is ultra vires to the Constitution of Islamic Republic of Pakistan as well as the Karachi University Act 1972 and the said procedure has no legal effect; (c) declare that the petitioner is entitled for admission in University of Karachi according…
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