1983 PLP 1430 (CLC)

2. The relevant facts in brief giving rise to this petition are that the petitioner having passed examination of General Certificate of Education from the Government Community Secondary School, B.

1. U. Nigeria (hereinafter called G. C. E.) ‑ conducted by West African Examination Council ; applied for admission to First Year M. B., B. S. Class for the session 1981‑82 in response to notice published in the newspaper inviting applications for admission to the aforesaid Class. The petitioner claimed that he had passed 12 years' ‑G. C. E. course and studied Physic, Chemistry and Biology alongwith other subjects, which is equivalent to F. Sc. (Pre‑Medical) examination of Boards of Intermediate and Secondary Education in Pakistan. He also claimed that as per: mode of calculation adopted by respondent, he secured 675 mark. It seems that the Principal, King Edward Medical College, Lahore wrote a letter dated 7th April, 1982 to the Principal, Government Community Secondary School, B. I. U, Borno State, Nigeria for verification of the certificate, in response whereof he received letter dated 24th April, 1982 wherein the certificate issued to the petitioner was verified but it contained aver ments to the following effect :‑ "Concerning the curriculum,. I would like to inform you that the standard9of W. A. S. C. ;G. C. E.) is equivalent to Ist year in Pakistan i.e. higher than Matric and certainly below H. S. C". On receipt of this letter it appears that the Principal, King Edward Medical College, Lahore presumably on 20th May, 1982 wrote thereon under his signatures.' Not eligible for admission."

3. The admission to the class, however, was completed on 6th June1982 but the revised final list was issued on 3rd July, 1982 in which the petitioner's name did not appear. The, petitioner in the meantime had obtained from the Punjab University Eligibility Certificate for his admission to M. B., B. S. course and submitted the same to the office of respondent No. 1 on 22nd May, 1982 before the final list of admission to First Year M. B., B. S. Class was notified. He also received a letter issued by the Principal, Government Community Secondary School, B. I. U. Nigeria wherein it was mentioned that the examination passed by the petitioner in Nigeria was e4uivalent to Intermediate Certificate in Pakistan for his admission to Medical Colleges because he had completed 12 years' course and obtained certificate issued by W. A. B. C. After the admission made by respondent No. l to the First Year M. B., B. S. Class a letter was written on 19th July, 1982 by the Principal, King. Edward Medical College, Lahore to the Punjab University for re‑consideration of "Eligibility Certificate" issued by the letter on 22nd May, 1982 in favour of the petitioner. The Punjab University consequently withdrew the Eligibility Certificate earlier issued to the petitioner but on re‑consideration revived the original Eligibility Certificate issued in favour of the petitioner vide letter dated 31st October, 1982 addressed to the Principal; King Edward Medical College, Lahore.

4. Learned counsel for the petitioner contended that the petitioner being eligible to First Year M. B., B. S. Class on the basis of his qualifica tion duly recognised by the University of the Punjab being equivalent to F. Sc (Pre‑Medical) the respondent No. 1 had no jurisdiction to refuse admission to the petitioner. It was also stated that the "Eligibility Certificate" had already been received by the respondent No. 1 before the finalisation of admission to First Year M. B., B. S. Class but his applica tion was not considered by him. It was next argued that the petitioner's application had been rejected on 22nd May, 1982 by the Principal, King Edward Medical College, Lahore who alone had no jurisdiction to reject the same because it was only the respondent No. I who was competent authority to do so.

5. Mr. Tanvir Ahmed Khan, learned Assistant Advocate‑General opposed this petition and contended that the petitioner's qualification being not equivalent to F. Sc. (Pre‑Medical) examination of the Boards of Intermediate and Secondary Education in Pakistan, he being ineligible was rightly refused admission to First Year M. B., B. S. Class. It was farther stated, that the petitioner bas not impleaded the affected student as respondent in this petition and it is liable to dismissal for non‑implead ing the necessary party. He relies on University of the Punjab v. Shahid Nazir (1982 P S C 456) in support of his submission. It was lastly stated that the academic session in which the petitioner sought admission is almost already over and the seats for admission to First Year M. B., B. S. class being limited no useful purpose would be served even if his petition is allowed at this stage.

6. Learned counsel for the petitioner replied to the objection raised by learned counsel for the respondents and stated that refusal of admission to the petitioner was due to the fault of the respondent No. 1, therefore, the petitioner should not suffer and even if the academic session is on the verge of its completion the petitioner may be admitted at his own risk or some additional seat be created in his favour. It was stated that even recently the Admission 'Board has allowed admission to a particular candidate. He relied on Ahsun All v. Secretary to Government of the Punjab, Health Department (1982 C L C 2144) and Ghulam Siddique v. Selection Committee, Bolan Medical College, and 6 others (1981 C L C 725) in support of his contention.

7. I have considered the contentions raised by learned counsel for the parties and have gone through the documents on the file and seen the record produced by Abdul Hamid representative of the respondents. The first question which falls for determination in this case is whether the petitioner's qualification makes him eligible for admission to First Year M. B,, B. S. class. The relevant provisions for determining the eligibility of the candidates is contained in Para 23 of the Prospectus for admission to Government Medical Colleges in Punjab, relevant to the extent is reproduced hereunder :‑ "(i) 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 be considered by the Admissi )n Board." It is, therefore, clear that the Punjab University is the only competent authority to declare particular qualification of candidates equivalent to F.Sc. Pre‑Medical). In this case the ‑Punjab University did issue a certificate of eligibility in favour of the petitioner for his admission to First Year Nil. B., B: S. class which was duly received by the respondent No. 1 on 22nd May, 1982 admittedly before the finalization of the list for admission to the class but it appears that the respondent No. 1 did not take into consideration his eligibility certificate as the application was not considered on account of the letter received from the Principal, Govern ment Community Secondary School, B.

1. U. Nigeria. The Punjab University has issued an eligibility certificate in favour of the petitioner on the basis of the 12 years' studies completed by him before he passed G. C. E. conducted by W. A. E. G. in Nigeria. The earlier letter received by the Principal, King Edward Medical College, Lahore shows that the examination conducted by W. A. S. C. (G. C. E.) was equivalent to first year in Pakistan and not the examination conducted by W. A. E. C. after 12 years course. completed by the candidate. Obviously, therefore, the University authorities after tatting into consideration the relevant material issued eligibility certificate for admission to M. B., B. S. course in favour of the petitioner. It is also apparent from the note made by the Principal, King Edward Medical College, Lahore on the letter dated 24th April, 1982 received in his office on 20th May, 1982 that the petitioner was not eligible for admission. It seems that only the Principal, King Edward Medical College who no doubt is the Chairman of Admission Board for 'Admissions' to Ist Year M. B., B. S. Class of Medical Colleges in Punjab but in his capacity as Chairman he was not competent to admit or refuse admission to any candidate. The provisions of paras. 17 and 18 of the aforesaid prospectus clearly envisage the admission or refusal of the candidates for First Year M. B., B. S. Class by the 'Admissions Board' and not by the Principal, King Edward Medical College, Lahore. For elucidation pare 18 is reproduced hereunder :‑ "The Admission Board may refuse admission to any candidate who seems, for reasons to be recorded in each case at the time of interview, to be unsuitable or unlikely to become a good doctor. In case such a candidate is admitted, he can be struck off the rolls of the college, after issuing a notice to him to that effect." The Admission Board may refuse admission to any candidate at the time of interview or otherwise but for the reasons to be recorded in each case. The respondent has not brought on record any reason recorded by the 'Admission Board' for rejecting petitioner's application for admission to First Year M. B., B. S. Class.

8. It is, therefore, clear that the petitioner had a requisite qualification for admission to First Year M. B: B. S. Class but his application was erroneously not considered by the respondent No. 1.

9. As regards the objection of the learned Assistant Advocate. General, that the petitioner has not impleaded the affected student a respondent in the writ petition and this petition merits dismissal I do no feel persuaded to dismiss the Constitutional petition on this technical B plea ; particularly when petitioner's application for admission was not considered by the competent authority. The seats for admission to Firs Year M. B., B. S. class for a particular session being limited, this Court cannot direct the respondents to create additional seat for the petitioner. However, the respondent No. I shall consider the petitioner's application for admission in the light of the 9bservations made above and if by found eligible for admission to M. B., B. S. First Year class for the Session 1981‑82 he shall be allowed admission at his own risk against vacant seat if available otherwise his candidature for admission be con sidered for the ensuing academic session.

10. In the result this petition is allowed subject to the observation made above. There shall be no order as to costs. M. Y. H. Petition accepted.