| Citation(s) |
|---|
| 2007 SLG 525 2007 SLD 525 2007 SCMR 410 |
Supreme Court of Pakistan
Civil Appeal No.436 of 2004, decision dated: 3rd November, 2006, hearing DATE : 6-05-2005. (On appeal from the judgment, dated 2-10-2002 of the High Court of Balochistan, Quetta passed in C.P. No.137 of 2002)
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
Appellant in person. Amanullah Tareen, Additional Advocate-General, Balochistan, Quetta, Kamran Murtaza, Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record Manzoor Hussain, Additional Secretary, and Abdul Malik, Principal, Bolan Medical Colleg
Civil Appeal No.436 of 2004, decision dated: 3rd November, 2006, hearing DATE : 6-05-2005. (On appeal from the judgment, dated 2-10-2002 of the High Court of Balochistan, Quetta passed in C.P. No.137 of 2002)
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
Appellant in person. Amanullah Tareen, Additional Advocate-General, Balochistan, Quetta, Kamran Murtaza, Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record Manzoor Hussain, Additional Secretary, and Abdul Malik, Principal, Bolan Medical Colleg
Miss SHAZIA BATOOL
VS
GOVERNMENT OF BALOCHISTAN and others
Law: Prospectus of Bolan Medical College, year 2000-2001
Section: 3,4,7,10,23
Law: Constitution of Pakistan, 1973
Section: 2A,22,25,37(c),185(3),22(4)
(a) Prospectus of Bolan Medical College, year 2000-2001--- ----Paras. 3, 4, 7, 10 & 23---Constitution of Pakistan (1973), Arts.2-A, 22, 25, 37 (c) & 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether incorporation of clauses 3, 4, 7, 10, 23 and introduction of classification between candidates of Quetta Urban and Quetta Rural in Prospectus of Bolan Medical College, Quetta were discriminatory, violative of provisions of Arts.2-A, 22, 25 and 37(c) of the Constitution and law laid down by Supreme Court; and whether it was necessary for candidate to implead in constitutional petition all other candidates who had secured lesser marks than him and were admitted to M.B.,B.S. First Professional Examination course, on quota basis. Mst. Attiya Bibi Khan v. Federation of Pakistan through Secretary, Education (Ministry of Education), Civil Secretariat, Islamabad and others 2001 SCMR 1161; Shireen Raza and others v. Federation of Pakistan through Secretary, Ministry of Education, Islamabad and others 2002 SCMR 1218 and Abdul Baqi and others v. Muhammad Akram and others PLD 2003 SC 163 rel. (b) Prospectus of Bolan Medical College (2000-2001)--- ----Paras. 3, 4, 7, 10 & 23---Constitution of Pakistan (1973) Arts.2-A, 22, 25 & 37(c)---Educational institution---Admission to medical college---District-wise quota---Grievance of candidate was that district wise quota and reservation of seats for certain classes of students as mentioned in paras.3, 4, 7, 10 and 23 of Prospectus or Bolan Medical College (2000-2001) was violative of the provisions of the Constitution---Validity---Distribution of merit seats amongst districts/agencies and classification on the basis of disability, reciprocal basis, reservation for foreign nationals and for backward and underdeveloped regions would be deemed to have been done with a view to provide better and equal opportunities to the students of backward and underdeveloped areas of districts / agencies and regions---No deserving student was deprived under paras. 3 and 4 of Prospectus of Bolan Medical College (2000-2001), from being admitted to medical college, thus those paras were not repugnant/violative of…
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