P L D 2021 Balochistan 84 (PLP)

ZAHEER-UD-DIN KAKAR, J.

Through this Constitution Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 "the Constitution", the petitioner has made the following prayer: "That this Hon'ble Court may graciously be pleased to declare that the merit formula of the respondent university by deducting marks for the gap between the academic degrees of the petitioner is against the merit and transparency, hence is vires to the Constitution, as such, be declared null, void and of no legal effect and in consequences thereof the respondents be directed to consider the application of the petitioner against the seat of MBBS on merit and in accordance with law and transparency without applying merit formula pertinent to deduction of marks with regard to gap in the academic certificates (metric and F.Sc) of the petitioner; any other relief which this Hon'ble Court deems fit and proper may also be awarded, in the interest of equity, fair play and justice."

2. It is the case of petitioner that he passed his matriculation examination in the year 2012 from Balochistan Board of Intermediate and Secondary Education (hereinafter "BBISE"). Thereafter, he continued his Islamic Education, however, in the year 2017, he passed Higher Secondary School Exam. from BBISE and then twice applied for medical seat in MBBS/BDS of sessions 2017-18, where he scored higher marks but since there exist gap between the degrees of matriculation and intermediate, therefore, five marks of the petitioner as per annum, were deducted from his qualified marks despite the fact that he qualified for medical seat. It is also the case of petitioner that on one hand, the respondent deducted his marks due to gap in his academic degree but on the other hand not granted the additional marks (20 marks) pertinent to religious scholar/moulvi and madrasa degree as per prospectus. In this regard, he approached the authority, but in vain, hence this petition with the prayer mentioned above.

3. We have heard learned counsel for the petitioner and gone through the record. To understand the case, it will be convenient to reproduce Chapter-I Clause-6 of the prospectus of Bolan Medical College Quetta, which reads as under: "

6. The following marks shall be added/deducted from the aggregate marks of the candidate: a. Twenty (20) marks shall be added to the F.Sc marks who submitted the certificate of Hafiz-e-Quran by registered Madrasa/Jamia/institute and qualify the test of recitation. The panel of Hafiz-e-Quran, who conduct the test, shall be constituted by the Selection Committee BMC. The decision of panel shall be considered for adding the Twenty (20) marks in his/her F.Sc marks. b. Ten marks shall be deducted per year or part of a year if a candidate fails to pass or tries to improve Division in F.Sc examination in two years after passing the matriculation/F.Sc examination as the case may be. c. Five marks per year shall be deducted if the candidate fails to get admission during the year he/she passed F.Sc examination. However, this condition does not apply in case of delay in admission caused by legal procedures resulting in Court decision favorable to a candidate originally rejected by the Admission Committee.

4. It is admitted fact that the petitioner applied for admission in MBBS/BDS after gap of six years and his five marks per annum were deducted as per policy of the College.

5. The petitioner also claimed 20 marks for his getting Islamic education, but in this regard sub-para "a" of the prospectus is very much clear, which is regarding the submission of certificate of Hafiz-e-Quran from a registered Madrasa/Jamia/Institute and subject to qualify the test of recitation, whereas the petitioner has not submitted any certificate to show that he is a Hafiz-e-Quran, therefore, he is not entitled for the 20 marks as mentioned in sub-para "a" of the prospectus.

6. In prayer clause of the petition, the petitioner has prayed for declaring Clause-6 of the Prospectus as null and void. Chapter-3 of the Prospectus deals with the Eligibility of the Candidates which is policy of the College, thus, this Court, in view of the law laid down in the case of Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679, cannot interfere in the policy matters, which requires consideration of various factual aspects. The High Court cannot sit as a Court of appeal over the policy decisions and substitutes its own decision with the decision of the Government unless it is proved that the decision has been made in excess of jurisdiction or the same is arbitrary and devoid of any justification. The Hon'ble Supreme Court of Pakistan in another judgment reported in 2013 SCMR 1749 titled "Dossani Travells Pvt. Ltd. and 4 others v. Messrs Travels Shop (Pvt.) Ltd. and others" has held that policy making is the domain of the Executive and interference in such domain was not the function of High Court while exercising jurisdiction under Article 199 of the Constitution, unless it is violative of the Constitution, law or product of mala fide. 6(sic). In view of all the above, the petitioner is held not entitled for the reliefs claimed for, thus, the instant petition is dismissed in limine. SA/109/Bal. Petition dismissed.