2002 PLP 1722 (MLD)

The petitioner has sought a direction against the respondents to provide admission in IIIrd Year i.e. IInd Professional M.B.,B.S. in Dow or Sindh Medical Colleges. The facts forming background to claim of above relief are that the petitioner was admitted in M.B‑B.S. Course in Vohra Medical College, Karachi in the year 1991. He had completed two years (lst Professional) whereafter said College was closed by the Government and the students of the said College were stranded. However, Government taking sympathetic view of the matter ordered absorption of students to different Medical Colleges in accordance with the Policy laid down by the Government. Somehow name of the petitioner was left out from the list of such students who were to be absorbed. Petitioner agitated his grievance before the Provincial Ombudsman, who vide order dated 14‑4‑2000 directed the Government of Sindh to accommodate the petitioner in any Medical College in the Province of Sindh. Petitioner was accordingly offered admission in Chandka Medical College, Larkana vide Offer Letter dated 30‑8‑2000. Petitioner claimed that he was entitled to be admitted either in Dow or Sindh. Medical Colleges, at Karachi. He made several futile representations to the authorities concerned. Learned counsel for the petitioner contended that the name of the petitioner was to be included amongst the students who were given admission in Dow or Sindh Medical Colleges and for no fault of the petitioner his name was left out and on the direction of Ombudsman petitioner was offered admission in Chandka Medical College, Larkana. It was contended by Mr. Zahid Marghoob that under the policy and prospectus petitioner was entitled to be admitted either in Dow Medical College or Sindh Medical College at Karachi. We have heard the arguments and perused the record. It is to be noted that the registration of Vohra Medical College, Karachi was cancelled and the College was closed by the Government of Sindh for a number of reasons putting the careers of 250 students at stake. The Government on compassionate ground allowed said students to be accommodated in other Medical Colleges in the Province of Sindh on Self‑Financing Scheme. The petitioner pursuant to direction of the Ombudsman was also offered such concession. It appears that instead of availing of such concession the petitioner approached various authorities for seeking his transfer to the Medical Colleges at Karachi. Such permissions were declined and transfer was not allowed by the competent authorities vide letter dated 31‑1‑2001 but the petitioner despite such refusal did not avail of the concession announced by the Government and made available under the orders of the Ombudsman but chose to file this petition. We are constrained to observe, that the petitioner and other students of defunct Vohra Medical College were absorbed in various colleges in Province of Sindh on compassionate consideration no vested rights accrued to the petitioner to claim any preference of absorption in college of his choice. As appears from the record the students of the defunct Vohra Medical College were to be absorbed in Medical Colleges in Province of Sindh on Self‑Financing Scheme under the Policy of the Government. No case has been made out for interference in writ jurisdiction, which is a discretionary relief and is to be exercised with circumspection. Petitioner's case was considered by the Ombudsman on its own merits and whatever relief that could be granted was granted by the Ombudsman. No case for the relief prayed for has been made out. We do not find any merit in this petition, same is dismissed in limine alongwith the listed application. H.B.T./A‑331/K????????? Petition dismissed.