1992 PLP 167 (CLC)

50 ‑‑ 59 = E" which was notified on 27‑8‑1990 i.e. prior to the advertised last date for receipt of admission forms.

6. The Chairman, Admission Board‑ opting to enter appearance on his own volition took pains to explain the wisdom, rationale and impelling reason necessitating evaluation of the criteria for determining comparative merit equivalence viz. F.Sc. Pre‑Medical Examination conducted by the domestic Boards of Intermediate and Secondary Education as the minimum academic eligibility prerequisite for admission to a professional medical college, is based upon British pattern of educational syllabi and examination i.e. internal, external and descriptive system with 33% minimum pass marks and first division commencing 60% onwards, wherein scoring beyond the ceiling of 90% is imperceivable; against the American system based upon objective test where 100% scoring is possible even in subjects like English language; the minimum pass marks being 60% and goes up to 100%, further the syllabi only renders the students eligible for admission to a 4 years pre‑medical course and not to a professional medical school.

7. While the learned counsel for the petitioners contended that the equivalence certificate having been granted by the competent University authorities attained finality within the contemplation of Rule 23 ibid and rendering it subservient to the dictate of Admission Board is uncalled for; is violative of Article 37(c) of the 1973 Constitution; is a case of excessive delegation; the formula/criteria adopted by the Admission Board is arbitrary, discriminatory and unreasonable; petitioners' merit has been assessed ‑on the basis of lesser subjects while their indigenous counterparts have been evaluated out of 1100 marks, lastly the formula/criteria in question is not applicable to the petitioners since it was evolved subsequent to the publication of admission advertisement.

8. I am afraid, the arguments canvassed by the learned counsel for the petitioners suffer from misconception. Rule 23 ibid, text whereof in extenso for the sake of convenience of reference is reproduced hereinbelow: Rule 23: "Candidates belonging to Punjab Province who possess qualifications equal to Intermediate (Pre‑Medical) in the subjects of Physics, Chemistry and Biology can apply for admission. Only those qualifications which have been declared equivalent to F.Sc. (Pre medical) by the relevant University for admission to the Medical Colleges of Punjab will be considered. .The equivalence of merit Will be determined by the Admission Board." prescribes bi‑fold exercise viz., eligibility equivalence in terms of syllabi for the within mentioned subjects of Chemistry, Physics and Biology to be considered by the University whereafter the applicants' comparative merit equivalence is to be determined by the Admission Board in keeping with the equivalence conversion formula/criteria evolved by the Board comprising seven Principals of the medical colleges with life‑time experience in the field to their credit, rationale whereof as explained by the Chairman of the Admission gold is well‑founded on the basis of reasonable classification. On that very count the contention of excessive delegation in the context of things stands repelled because the delegation of powers to the most experienced professionals with objectivity of purpose‑in mind appears to be well‑based instead of leaving it to the whims of bureaucratic apparatus in the Secretariat attuned to self propagation.

9. Likewise the argument qua alleged violation of Article 37(e) of the 1973 Constitution seems to have been advanced to oblivion of the fact that it contemplates achievement of collective public good in preference to individual advancement.

10. Similarly the contention as to evaluation out of different volumes i.e. 900 and 1100 is devoid of any substance when visualised in the light of the fact that while determining the comparative. merit equivalence requisite mathematical mechanism was adopted weeding out any possibility of prejudice being caused viz. Wafa Rasheed petitioner Subjects Obtained Equivalent Marks/Grade Grade/Marks Physics 79 C = 55 Chemistry 189 = 94.5% A = 75 Biology 182 = 91% A = 75 English 96 A = 75 Arabic 86 B = 65 345 345 X 1100 = 759 marks. 500 Mehnaz Ansar petitioner Biology = A/B = 65 Chemistry = A/A‑ = 70 Physics = B+ = 65 English = A = 75 275 275 X 1100 / 400 = 756

11. Adverting to the last contention it suffices to observe that independent of the fact that the Prospectus both on the cover in bold letters as well as in Rule 6 thereof incorporates with particularity right to amend and Rule 23 ibid envisages Admission Board's power to determine the merit equivalence, the latter well before the last date for receipt of the admission forms not only formulated the formula but also notified the same prior thereto while scrutinising the prospectus for the admission in question, therefore, for all intents and purposes and for all and sundry concerned with the admission to a medical college in Punjab in every consumable sense of the word were bound by the same. In view of the aforegoing, the petitions being devoid of any substance are hereby dismissed leaving the parties to bear their respective costs. AA./M‑107/L Petitions dismissed.