Law:

Section:

(a) Educational Institution-------Admission/nomination against reserved seats for AJ & K nationals in Medical College in Pakistan---Petitioner in response to advertisement, filed application for her nomination against the seat of M.B.,B.S for Leepa Valley in a Medical College in Pakistan--Respondent who also hailed from Leepa Valley, also applied for the same seat---Both contestants appeared in the entry tests conducted by the Provincial Governments and qualified the sane---Petitioner credited 817 out of 1100 marks in F.Sc. and secured 62.45 marks in the entry test conducted by N.-W.F.P. Government and 69.00 marks in the entry test in Punjab---Respondent credited 806 out of 1100, marks in F. Sc. and secured 60.67 marks in the entry test conducted by N.-W.F.P. Government and 69.64 marks in the entry test conducted by the Government of Punjab---Case of petitioner was that she stood first for the purpose of nomination against the reserved seat, while aggregating the marks from both the entry tests against reserved seat, she got higher marks as compared to the respondent---Procedure for nomination according to petitioner as laid down by the apex Court of AJ&K was that merit should be considered in aggregate manner in two Provinces and while doing so, the topper in aggregate position should be nominated---Marks obtained by petitioner in the entry test in N.-W.F.P., were 62.45, whereas in Punjab she secured 69.00; her aggregate marks were 131.45---Respondent obtained 60.67 marks in the test in N.-W.F.P. and 69.64 in the entry test conducted in Punjab; her aggregate marks were 130.31, which had shown that petitioner's aggregate marks were more than that of respondent, but respondent was ahead to the petitioner in the entry test conducted in Punjab, whereas the petitioner was ahead to respondent in the test conducted by N.-W.F.P.---Nomination as per Supreme Court decision was qualified with the passing of entry test both in Punjab and N.-W.F.P. and a candidate would be nominated in view of best of two entry tests formula and not on the basis of aggregate formula---Ground taken by the petitioner for her nomination with regard to admission policy of Medical…

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