1986 PLP 175 (CLC)

ABDUR REHMAN, J.‑‑ This is a petition under Article 9 of the Provisional Constitutional Order, 1981.

2. The brief facts giving rise to the petition are that the petitioner is a student and has passed his inter science examination in Pre‑Medical group from Thatta District, in May, 1983 securing 46% of marks. He submitted an application for admission to the first year M . B . , B . S for the 1983‑84 batch of students. The petitioner could not be admitted in the direct open competition for the year 1983‑84, because on all the seats of that District candidates having better percentage of marks were taken. In the next year i.e. 1984‑85 the petitioner again applied for admission alongwith the students who had passed examination in that year. The students who had passed that year were lesser in number than the seats which were allocated to Thatta District and, therefore, after providing seats to all the eligible candidate 12 seats still remained vacant. The petitioner was however, not selected and no reason was communicated to him as to why he was refused admission.

3. The petition was contested by the respondents. It was stated it the counter‑affidavit that the petitioner had passed his examination not in the year 1984‑85 in which he is claiming admission but had passed the same in the previous year i.e. 1983 and that he had applied for admission in that year for which he was eligible but could not be selected admittedly due to low percentage of marks as admitted by him. In the current year i.e. 1984‑85 he again applied but not on the basis of his having passed examination in the year 1984‑85 but on the plea that he though had passed examination in the year 1983‑84 but he ought have been given admission under rule

5. It was however, contended on behalf of the respondents that according to rule 2 of Rules of Admission for 1984‑85 only those candidates who had passed Intermediate Science, Pre‑Medical Group B.Sc. (Biology) annual examination of 1984 and had secured at least 45% marks and those candidates who fell in the categories enumerated in rule 2 alone were eligible. According to the respondents, the petitioner was thus ineligible for admission to the 1984‑85 session. It was further stated that the seats for male students for the session of 1984‑85 though are 43 and all of them have not been filled in but the vacant seats would be allocated to the candidates who were eligible under rule 2 of the Rules of Admission read with rule 5.

4. We have heard Mr. Aftab Shaikh, at length. His argument in brief was that although the petitioner was ineligible to apply for admission under rule 2 of Rules of Admission 1984‑85, the petitioner would be entitled under rule 5 thereof as some seats allocated to the District (Thatta) had remained vacant at the time of selection after admitting all the candidates who passed in 1984‑85 and had been given admission on merit as he comes from the same District. According to the learned counsel the remaining seats will have to be distributed amongst those candidates of that very district who though had not passed in the year 1984‑85 but otherwise had passed Inter Science Pre‑medical course in the year 1983‑84 or even earlier from the said District. According to him those vacant seats could not be given to the candidates (1984‑85) of other districts.

5. We find ourselves unable to agree with the submission made by Mr. Aftab Ahmed Shaikh. In this connection it will be useful to reproduce rules 2 and 5 of the Rules of Admission 1984‑85 which lay down the policy of admission to the Medical Colleges in the Province of Sind. These rules read as follows:‑ Rule 2.‑‑ The following candidates shall be eligible to apply for admission in 1st year M.B.,B.S./B.D.S. in the Medical Colleges in Sind for the year 1984‑85:‑ (i) Those who have passed Intermediate Science (Pre‑Medical Group)/B.Sc. (Biological Science) annual examination of 1984 and secured at least 45% marks. (ii) Those who have passed Intermediate Science (Pre‑Medical)/ B. Sc. (Biological Science) Supplementary Examination of 1983 and secured at least 45% marks. (iii) Those who have passed Intermediate Science (Pre‑Medical Group)/B.Sc. (Biological Science) Annual /Supplementary Examina tion 1983 and could not be considered in last selection due to late issue to Domicile/P.R.C. or late declaration of result or late issue of marks certificate. This claim shall have to be supported by proper documentary evidence. (iv) The candidate producing equivalence certificate of Intermediate Science Pre‑Medical Group, other than from any intermediate Boards from Pakistan: shall have to produce certificate from competent authority i.e. authority holding examination and issuing certificate, of having passed the following subjects: (1) Physics, Chemistry and Biological Science. (2) English and Urdu. (3) Any other two subjects in lieu of Pakistan Studies and Islamiat in Session 1984. However, pass certificate in the subjects of Pakistan studies and Islamiat for candidates domiciled in Sind shall be compulsory apart from subject listed at 1 and 2 above, with effect from Session 1985 onwards. (4) ..................................... Rule 5.‑‑ The seats which remain vacant at the time of selection shall be filled by admitting the next candidate on merit from the same district. If the boy's seat remain vacant in a district, it will be filled in by the girl candidate of the same district and vice versa. If the seats still remain vacant the same shall be filled in by consideration candidates on combined merit from the tagged district allocating boys seats to boys and girls seats to girls.

6. Rule 5 does not anywhere provide that under it even those candidates are entitled for admission in 1984‑85 session who otherwise are ineligible according to rule 2 thereof. All that it says is that if seats still remain vacant at the selection the same shall be filled in by the next candidate on merit from the same district and that if the boys seat remain vacant in a district it will be filled by girl candidates of the same district and vice versa.

7. In the second part of rule 5 it is made clear that if still some seats remained vacant the same shall be filled in by consideration of candidates on combined merit from the tagged Districts allocating boys seats to boys and girls seats to girls In other words the remaining seats of Thatta District were to be distributed amongst the candidates that came on the combined merit list of all the six districts tagged with L.M.C., Hyderabad. Before concluding we may observe that the word 'candidate' used in rule 5 has to read in conjunction with rules 1 and 2 and thus the petitioner who passed his examination in the year 1983 and who did not fall in any of the categories within the meaning of rule 2 would not be eligible for admission in 1984‑85 session.

8. We have taken up this petition for hearing out of turn although it was listed in the end of the cause list because by an interim order passed on 13‑5‑1985, by another learned D.B. The respondent No.2 was directed to allow the petitioner to attend the classes for the time being. It was brought to our notice that regular classes are to start from tomorrow. We are satisfied that the petitioner has no case and, therefore we dismiss the petition with no order as to costs. The interim order mentioned above is recalled. M.Y.H. Petition dismisses