2015 PLP 399 (GBLR)
REHMAT ALAM — Petitioner Versus Hafiz EHSANULLAH and others — Respondents
| Citation | 2015 PLP 399 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | REHMAT ALAM — Petitioner Versus Hafiz EHSANULLAH and others — Respondents |
| Primary Law | Educational Institution |
Q1: What are the key laws and sections cited in 2015 PLP 399 (GBLR)?
This judgment primarily cites: Educational Institution as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 399 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 399 (GBLR) (REHMAT ALAM — Petitioner Versus Hafiz EHSANULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Nazar Khan, Advocate-on-Record for Petitioner.
- DR. RANA MUHAMMAD SHAMIM, C.J.---The learned Advocate-on-Record submits that this court vide its judgment in Civil Appeal No. 43/2015, arisen from C.P.L.A. No. 08/2015, dated 22.04.2015 has held that one Saif Ullah son of Mehr Shah has already been nominated against the reserved seat for District Diamer in Ayub Medical College Abbottabad. Subsequently, whose nomination was allowed accordingly for the said session. Whereas respondent No. 01 namely Hafiz Ehsanullah son of Abdul Khabir resident of Gayal District Diamar shall be entitled to get admission in Ayub Medical College Abbottabad in the next year.
- The petitioner Rehmat Alam son of Jahangir Khan resident of village Goherabad Tehsil and District Diamer after passing FSc examination appeared in the KPK medical Nomination "Entry Test" and has been placed at serial No.02 in the Gilgit-Baltistan level merit list and placed at serial No.01 in the District Diamer level merit list whereas respondent No.01 has passed FSc in the year 2014 and appeared in the "Entry Test" but could not qualify on merits for nomination against the available reserved seat of MBBS. The respondent No.01 failed in the test and placed at serial No.286 in the Gilgit-Baltistan level merit list but due to the above referred impugned Judgment of this Court, he has been nominated against the reserved seat of MBBS available at Ayub Medical College Abbottabad for District Diamer and the petitioner beside scoring higher marks of 69.78% has been deprived from nomination. The respondent No. 01 who scored 53.35% marks and failed in the recent KPK "Entry Test" has been nominated on the basis of judgment of this court. Since the petitioner scored higher marks than respondent No. 01 has accrued legal and vested fundamental rights to be nominated against seat of MBBS available in Ayub Medical College Abbottabad. The learned Advocate-on-Record further contends that the petitioner has not been arrayed as respondent in the said petition consequent thereto the impugned judgment was delivered. The respondents Nos. 02 to 05 have nominated the respondent No. 01 Hafiz Ehsan Ullah to the said reserved seat on the basis of the impugned judgment which is without jurisdiction based on misconception and illegal proposal of the respondent No. 04 i.e. the Secretary Education Gilgit-Baltistan. The petitioner being necessary party was not impleaded and the impugned judgment dated 24.04.2015 was passed on the back of the petitioner without impleading him.
- The learned Advocate-on-Record for petitioners further submits that since the petitioner Rehmat Alam son of Jahangir Khan resident of Goherabad Tehsil and District Diamer has obtained higher marks i.e. 69.78%, who appeared in the "Entry Test" for MBBS seat reserved for District Diamer and has been placed at serial No. 02 at all over Gilgit-Baltistan level and at serial No. 01 of District Diamer level was entitled to be nominated against the seat of MBBS in Ayub Medical College Abbottabad, whereas on the basis of the impugned judgment dated 24.04.2015 of this Court, the respondent No. 01 Hafiz Ehsan Ullah son of Abdul Khabir resident of Gayal District Diamer who got 53.35% marks and failed in the "Entry Test" of KPK has been nominated for reserved seat for District Diamer in admission in MBBS course in Ayub Medical College Abbottabad, KPK.
- We have heard the learned Advocate-on-Record for the petitioner, perused the case file and gone through the impugned judgment, in our considered view, the petitioner Rehmat Alam son of Jahangir Khan resident of Goherabad Tehsil and District Diamer is also entitled for reserved seat who scored higher marks in the "Entry Test" than the respondent No. 01 Hafiz Ehsan Ullah son of Abdul Khabir resident of Gayal District Diamer who has been nominated against the reserved seat for District Diamer available in Ayub Medical College, Abbottabad. The petitioner cannot be deprived in whose favour vested right had already been accrued which cannot be taken away by any administrative order. Since the petitioner has qualified and declared successful in the "Entry Test" for MBBS seat reserved for District Diamer and he has been placed at serial No. 02 in all over merit list of Gilgit-Baltistan and at serial No. 01 of District Diamer is entitled to be nominated against the reserved seat in Ayub Medical College, KPK, Abbottabad.
Headnotes / Summary
Respondent, despite having failed in the "Entry Test" and placed at serial No.286 in the "Gilgit-Baltistan level merit list", had been nominated against the reserved seat available at the Medical College, while petitioner besides scoring highest marks (69.78%) had been deprived of nomination for admission
Respondent who scored 53.35% marks and failed in the "Entry Test" had been nominated
Petitioner having scored highest marks had accrued legal and vested right to be nominated against the seat available in the Medical College
Provincial Secretary Education and Principal of the Medical College, were directed to adjust and accommodate the petitioner and give admission either in that particular College where the test was held, or any other College in the Province.
Judgment & Decree
DR. RANA MUHAMMAD SHAMIM, C.J.
The learned Advocate-on-Record submits that this court vide its judgment in Civil Appeal No. 43/2015, arisen from C.P.L.A. No. 08/2015, dated 22.04.2015 has held that one Saif Ullah son of Mehr Shah has already been nominated against the reserved seat for District Diamer in Ayub Medical College Abbottabad. Subsequently, whose nomination was allowed accordingly for the said session. Whereas respondent No. 01 namely Hafiz Ehsanullah son of Abdul Khabir resident of Gayal District Diamar shall be entitled to get admission in Ayub Medical College Abbottabad in the next year. The petitioner Rehmat Alam son of Jahangir Khan resident of village Goherabad Tehsil and District Diamer after passing FSc examination appeared in the KPK medical Nomination "Entry Test" and has been placed at serial No.02 in the Gilgit-Baltistan level merit list and placed at serial No.01 in the District Diamer level merit list whereas respondent No.01 has passed FSc in the year 2014 and appeared in the "Entry Test" but could not qualify on merits for nomination against the available reserved seat of MBBS. The respondent No.01 failed in the test and placed at serial No.286 in the Gilgit-Baltistan level merit list but due to the above referred impugned Judgment of this Court, he has been nominated against the reserved seat of MBBS available at Ayub Medical College Abbottabad for District Diamer and the petitioner beside scoring higher marks of 69.78% has been deprived from nomination. The respondent No. 01 who scored 53.35% marks and failed in the recent KPK "Entry Test" has been nominated on the basis of judgment of this court. Since the petitioner scored higher marks than respondent No. 01 has accrued legal and vested fundamental rights to be nominated against seat of MBBS available in Ayub Medical College Abbottabad. The learned Advocate-on-Record further contends that the petitioner has not been arrayed as respondent in the said petition consequent thereto the impugned judgment was delivered. The respondents Nos. 02 to 05 have nominated the respondent No. 01 Hafiz Ehsan Ullah to the said reserved seat on the basis of the impugned judgment which is without jurisdiction based on misconception and illegal proposal of the respondent No. 04 i.e. the Secretary Education Gilgit-Baltistan. The petitioner being necessary party was not impleaded and the impugned judgment dated 24.04.2015 was passed on the back of the petitioner without impleading him. In view of the above, the Civil Misc. No.124/2015 is allowed. Consequently, the Civil Misc. No.123/2015 is also allowed and the delay is condoned. The learned Advocate-on-Record for petitioners further submits that since the petitioner Rehmat Alam son of Jahangir Khan resident of Goherabad Tehsil and District Diamer has obtained higher marks i.e. 69.78%, who appeared in the "Entry Test" for MBBS seat reserved for District Diamer and has been placed at serial No. 02 at all over Gilgit-Baltistan level and at serial No. 01 of District Diamer level was entitled to be nominated against the seat of MBBS in Ayub Medical College Abbottabad, whereas on the basis of the impugned judgment dated 24.04.2015 of this Court, the respondent No. 01 Hafiz Ehsan Ullah son of Abdul Khabir resident of Gayal District Diamer who got 53.35% marks and failed in the "Entry Test" of KPK has been nominated for reserved seat for District Diamer in admission in MBBS course in Ayub Medical College Abbottabad, KPK. We have heard the learned Advocate-on-Record for the petitioner, perused the case file and gone through the impugned judgment, in our considered view, the petitioner Rehmat Alam son of Jahangir Khan resident of Goherabad Tehsil and District Diamer is also entitled for reserved seat who scored higher marks in the "Entry Test" than the respondent No. 01 Hafiz Ehsan Ullah son of Abdul Khabir resident of Gayal District Diamer who has been nominated against the reserved seat for District Diamer available in Ayub Medical College, Abbottabad. The petitioner cannot be deprived in whose favour vested right had already been accrued which cannot be taken away by any administrative order. Since the petitioner has qualified and declared successful in the "Entry Test" for MBBS seat reserved for District Diamer and he has been placed at serial No. 02 in all over merit list of Gilgit-Baltistan and at serial No. 01 of District Diamer is entitled to be nominated against the reserved seat in Ayub Medical College, KPK, Abbottabad. In view of the above, we are inclined to partially accept the Review Petition and direct the respondent No. 04 i.e. Secretary Education, Gilgit-Baltistan, respondent No. 06, The Principal Ayub Medical College, Abbottabad and Secretary Education Khyber Pakhtunkhwa (KPK) to adjust and accommodate the petitioner namely Rehmat Alam son of Jahangir Khan to give him admission in MBBS class either in Ayub Medical College, Abbottabad or in any Medical College of KPK to save his career who scored higher marks than all the candidates. The Civil Miscellaneous No. 121/2015 has become infructuous. The Review Petition is partially allowed in above terms. HBT/225/GB Order accordingly.