Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Educational Institution-------Admission in school---Petitioner had claimed that he qualified the examination by securing 59% marks, but was deprived from his genuine rights of admission in the Centre of Excellence, despite the fact that he attained second position in District `M'---Validity---Quota for District `M' for admission in the Centre of Excellence was only two seats, one for male and one for female students---Another candidate secured Ist position by obtaining 63% marks and he was accordingly admitted in the Centre of Excellence---Female candidate secured 54% marks on the quota of female candidates, stood first and was granted admission--Petitioner who obtained 59% marks was placed at second position in the male candidates---Only one candidate from the male candidates, having highest marks, was to be admitted and petitioner being second, was rightly denied admission---Rights of the petitioner were not violated because Authorities had not travelled beyond the admission policy qua quota reserved for the male candidates---No vested right of the petitioner, in circumstances had been infringed---High Court would not interfere in such like cases, unless the act, complained against, was the manifest breach of relevant statutory provisions, or rules or was mala fide and in violation of principles of natural justice---Constitution of Pakistan (1973), Art.199. Noorul Wahab (father) for Petitioner. Obaidullah Anwar, Addl. A.-G. for Respondents. Date of hearing: 2nd April, 2008. JUDGMENT SYED MUSADIQ HUSSAIN GILLANI, J.---Our this judgment recorded in Writ Petition No.1944 of 2007 shall also dispose of connected Writ Petition No.1791 of 2007, as the question in dispute in both the writ petitions is the same. 2. Petitioners, Saeed Bacha and his father Noor-ul-Wahab, filed two separate Writ Petitions,- bearing Nos.1944 of 2007 and 1791 of 2007 respectively, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, praying that the petitioner Saeed Bacha being student of 7th Class of New Beacon High School, Sakhakot, appeared in the competitive examination of ETEA in the University Public School, Peshawar, dated 29th August, 2007, under Roll…

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