of Mr (PLP)

IFTIKHAR MUHAMMAD CH., J: --In this Constitutional petition we are required to answer the following proposition:-- "Whether a student who had passed his/her F.Se. Examination (Pre Medical) in supplementary Session would not be eligible to /compete for admission against the reserved seats in M.B.,B.S. (Bola, Medical College) alongwith the students who have qualified F.Sc. Examination in annual examination of the same academic session. And Selection Committee for the admissions in BMC lawfully can direct to such student to appear for the next academic session of M.B.,B.S.". 2. ' Precisely stating the facts of this case are that the petitioner passed her F.Sc. Examination on 13-4-1993 in Supplementary Examination held in October, 1992 from PAF Intermediate College, Masroor, Karachi attached with Federal Board of Intermediate and Secondary Education, Islamabad. Principal of Bolan Medical College vide publication appeared in newspapers invited applications for admission in First Year M.B.,B.S. for the two academic sessions, namely 1991-92, 1992-93. The candidates were required to submit applications with effect from 4-2-1993 to 28-2-1993. Accordingly petitioner claiming herself to be a local bona fide resident of Balochistan submitted an application for the admission in academic session 1992-93. The Selection Committee on having obtained the clarification from the Principal, Bolan Medical College refused admission to her solely on the ground that she passed F.Sc. Examination during Supplementary Session of 1992-93, as such would be eligible to claim the seat in the next academic Session of 1993-94. Therefore, the instant petition has been filed. Mr. Ghulam Muhammad Sheikh learned counsel for petitioner strenuously contended that the Prospectus of the Bolan Medical College does not forbid a student to claim a reserved seat merely for the reason that he-has passed F.Sc. in the Supplementary Examination. Mr. Ehsanulhaq Mirza learned counsel for private respondents contended that even if the arguments put forth by the petitioner's ,counsel are accepted the petition on merits was also not eligible for admission in the First Year M.B.,B.S. because she had no cogent reasons of passing F.Sc. outside the Province of Balochistan in terms of Para No. 29 of the Prospectus. Mr. Yaqoob Khan Yousafzai on behalf of Provincial Government stated that the Selection Committee had taken the decision after obtaining the opinion of Principal, Bolan Medical College. Since for the last many years a practice has been invoked for allowing opportunity of admissions to the students who passed F.Sc. Examination in Supplementary Session with the students who will qualify in the following annual session, therefore, no illegality seems to have been committed in the impugned order. So -were the arguments of Mr. M.S. Rakhshani learned counsel who made his appearance on behalf of the Selection Committee. We have gone through the prospectus of the Bolan Medical College. A bare perusal whereof indicates that besides fulfilling other conditions in the terms of para. 28 a student shall be eligible for admission in First Year M.B.,B.S. course if he has passed Intermediate Science (Pre-Medical) Examination from the Board of Intermediate and Secondary Education, Quetta or an equivalent examination from any recognised Board or a University. Same para. also lays down that the candidate must have passed his Matriculation Examination with science. This provision of prospectus does not admit any distinction between the students for admission who have passed requisite examination in annual or supplementary session. It has been observed that in educational institutions in absence of any statutory rules and regulations for the admission the prospectus has always been considered a document at par with such rules to regulate the admissions and the authorities functioning within its framework or bound to follow its terms and conditions strictly to ensure that educational institutions which obviously are established for the benefits of the students should not provide any cause of annoyance to them on the extraneous consideration. It is a golden principle of interpretation of the documents teat it should be read and considered in its plain and simple language without putting on it any premium to achieve the object for which no provisions have been laid down. Accordingly it is held that Selection Committee in present form of the prospectus has not been vested to decline admission to a student if otherwise he is eligible on the ground that he had passed requisite qualifications in the supplementary session and in view of para. 28 of the prospectus any student who possesses a certificate of his F.Sc. Examination would be considered for admission in M.B.,B.S. in Bolan Medical College for current session applications whereof have been invited, notwithstanding the fact whether he passed such examination in annual or supplementary session. Thus above proposition is answered accordingly. Mr. Ehsanulhaq Mirza stressed strongly that petitioner otherwise was not eligible for admission as she has passed her Matriculation/F.Sc. Examinations outside the province etc. In our opinion since the Selection Committee has not dilated upon this aspect of the case, therefore, it would not be in the interest of justice to non-suit the petitioner for the grounds which have not been taken into consideration. Since we are inclined to remand the case to the Selection Committee, therefore, the private respondent shall be at liberty to raise all objections against the candidature of the petitioner which are permissible in view of the various provisions of the prospectus. For the foregoing reasons petition is allowed, impugned order is set aside. Case is remanded to the Selection Committee for re-considering the candidature of the petitioner after providing opportunity of raising objection to contesting respondent. It is hoped that the Selection Committee shall try to expedite the matter as far as possible within a period of four weeks. Parties shall bear their own costs. These are the reasons of our short order dated 25-11-1993. AA/468/Q` Case remanded