1996 PLP 1251 (SCMR)

SHAFIUR RAHMAN, J.

Leave to appeal was granted in this matter, as well as in another (Miss Mohny Bai and another v. Selection Committee and others--Civil Appeal No.713/1992) to examine whether paras. 29 and 30 relating to Admission Policy for Bolan Medical College, Quetta for the Academic Sessions 1989-90 and 1990-91 as contained in the Prospectus (hereinafter referred to as the paras. of the Prospectus) read together lay down the conditions of Eligibility of candidates for admission to the Medical Colleges in Balochistan or that the two paras have to be read independently of each other dealing with different situations. As Sh. Mehboob Ahmed, Advocate, the learned counsel for the appellant in Civil Appeal No.713 of 1992 is on general adjournment, we have decided to delink the two cases and deal with this appeal (Civil Appeal No.702/1992) independently as the representation is complete in it.

2. The appellant had completed her Matriculation and Intermediate from Balochistan. In Matriculation she had passed not with Science Subjects but with the Humanities Group Subjects. Selection Committee finding that her Matriculation was not in the Science Subjects, recommended as hereunder:-- "The Selection Committee, after hearing the reasons, relaxed the condition of passing Matriculation Examination in Humanities Group, as the circumstances were beyond their control, because no science teacher was posted in Chaman during the period of studies of the candidate Miss Safia Haider d/o Ghulam Haider Session 1989-90, under para. No.30 of the Prospectus of Bolan Medical College, Quetta." Such a relaxation had its roots in another relaxation granted by the Co-ordination Council of the Board of Intermediate and Secondary Education, Balochistan, Quetta on 14-6-1982 as hereunder: "It has been decided in the meeting of Co-ordination Council of the Board of Intermediate and Secondary Education Balochistan, Quetta held on 14-6-1982 in the premises of Board of Intermediate and Secondary Education, Quetta that in the remote areas of Balochistan, the candidates who passed their Secondary School Certificate Examination as Arts students are allowed to continue their further studies as Science Students at the College level."

3. The rules governing the subject are to be found in the Prospectus of the Bolan Medical College. Paras. 29, 30 and 37 require reproduction and are as hereunder:-- "

29. The minimum qualification for a candidate for admission to 1st year M.B.,B.S./B.D.S. Class in the Intermediate Science (Pre-Medical) Examination from the Board of Intermediate and Secondary Education, Balochistan, Quetta or an equivalent examination from any recognised Board or University.

30. The candidate must have passed the Matriculation with Science and Intermediate Science (Pre-Medical) Examination from Balochistan unless the candidates could satisfy the Selection Committee with cogent reasons for not studying in Balochistan for claiming exemption from this condition.

37. All applications must be accompanied with the photostat copies or attested copies of the following documents in duplicate. The photostat copies must also be attested by an officer of BPS-16 or above. All the columns of the prescribed application form must be filled correctly. Incomplete application forms are liable to be rejected. (a) Intermediate Science (Pre-Medical) Certificate. (b) Intermediate Science (Pre-Medical) Detailed Marks Certificate (c) Local Certificate/Domicile Certificate issued by the District Magistrate of the respective district/agency. (d) Matriculation Certificate (With Science Subjects). (e) Character Certificate from, the Principal, of the institution last attended or from an officer of BPS-17 or above. . (f) Certificate of National Cadet Corps training of two years duration, if any. (g) National Identity Card of the candidate or his/her father, in case he/she is below 18 years of age. (h) Four copies of latest passport size photographs. (i) An affidavit on the non judicial paper duly attested by a 1st Class Magistrate to the effect that the candidate or his/her father/guardian is in possession of only one local Domicile Certificate, as the case may be."

4. A similar matter came up before this Court in Abdul Wassey v. Government of Balochistan and 3 others (Civil Petition for Leave to Appeal No.131-Q of 1990) where, while refusing leave to appeal, the Court held as hereunder:-- "The learned counsel submitted that the qualification for admission to the 1st year M.B.,B.S. under paragraph 29 is that a candidate should have passed the Intermediate with Science (Pre-Medical). The petitioner had passed his F.Sc. Examination in a Pre-Medical therefore was entitled to the admission. He further submitted that paragraph 30 is inapplicable as it is primarily concerned that a student in Balochistan should be given priority for admission. We are unable to subscribe to the contention of the learned counsel. The two provisions are to be read together. Under paragraph 29, the minimum qualification for admission to the 1st year M.B.,B.S Class has been mentioned and under paragraph 30 a candidate must have passed the matriculation and Intermediate Examinations with Science and must have studied in Balochistan, unless the Selection Committee given exemption for sound reasons. Paragraph 30 is to be read in conjunction with paragraph

29. It is not to be read in isolation. Both these provisions apply to all the students who apply for admission to the Medical College." ,

5. Paragraph 30 of the Prospectus has two parts. The first one is as hereunder:-- "The candidate must have passed the Matriculation with Science and 8 Intermediate Science (Pre-Medical) Examination from Balochistan." The other part is an exemption which can be granted not in the matter of passing Matriculation in subjects other than Science but it relates to the candidate passing it from outside Balochistan. The power of granting exemption was not involved in the case. The imperative language of paragraph 30 of the Prospectus necessarily gets linked with the- eligibility requirement contained in paragraph

29. In this situation Matriculation in Science Subjects was necessary.

6. In the background of relaxation granted by the Board of Intermediate and Secondary Education referred to and quoted above the full benefit of it can be obtained' by the candidates only if appropriate provision is made in the Prospectus as well. In the absence of it--this relaxation by the Board would not serve any useful purpose. On the contrary, it may create an erroneous impression in minds that on explaining their omission to satisfy Matric with Science Subjects condition they can yet claim right of admission in the Medical Colleges.

7. Strictly speaking, the power of relaxation of the Selection Committee did not extend to the matter, was erroneously exercised and the eligibility conditions were not satisfied by the appellant and the law laid down by this Court while refusing leave to appeal in Civil Petition for- Leave to Appeal No. 131-Q of 1990 is correct.

8. As pointed out in the background of various relaxations already existing those granted by the Board of Secondary Education and the Selection Committee in this case coupled . with the order of the Government dated 5-7-1993 reproduced in the application filed by the appellant on the same deed and the fact that she has already satisfactorily completed one year of her medical education it would be fitting and appropriate that the Government sustains its own order of 5-7-1993 without causing interference -in the studies of any of the contesting candidates involved in the present litigation. The appeal is disposed of with these observations. No order is made as to costs. A.A./M-3027/S Appeal dismissed