Law:

Section:

Constitution of Pakistan, 1973- ----Arts. 4, 25, 26, 27 and 37(c)--Constitutional petition--A staff nurse of PIC Lahore applied for admission in the course of Nursing Management and Teaching Administration--She meets the criteria for selection laid down by the Government of Punjab, Health Department through the prospectus for the Session 2006-2007--Her application was not forwarded for considering on merit as she had not completed 5 years stay in PIC which is the requirement of the policy decision of PIC--There should not be any curb or impediment on one's objective and ambition of acquiring higher and better qualification in the field of relevant profession subject of course to lawful limitations--Different policies/criteria in hospitals/institutions in one and the same province, under the administrative control of the Health Department negate the rationale and objective behind the provisions of Arts. 4 and 25 of the Constitution--Provisions of Arts. 4, 25, 26 and 27 of the Constitution are in line and consistent with the "equality of all" as enshrined by Islam--Art. 37(c) of the Constitution may also be referred which enjoins upon the state to make technical and professional education generally available and higher education equally accessible to all on the basis of merit--Petitioner accepted. Judgment The petitioner, a Staff Nurse of Punjab Institute of Cardiology (shortly mentioned as PIC) Lahore had with a view to acquire higher and better qualification applied for admission in the course of Nursing Management and Teaching Administration alongwith other candidates. Since her application was not being forwarded and considering it a refusal on the part of Respondent No. 1, she has filed this petition seeking a direction to Respondent No. 1 to forward her application to Respondent No. 2 for consideration on merits. 2. In the parawise comments submitted by Respondent No. 1, the justification of non-recommending her application as brought forth is that "The petitioner joined PIC on 04.09.2002 and her service period at the time of forwarding application to Respondent No. 2 was three years, three months and eleven days only whereas 5 years length of services at…

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