1982 PLP 1079 (CLC)

Date of hearing : 29th March, 1982. AJMAL MIAN, J.‑The petitioner through this petition has sought the following reliefs :‑ "The petitioner humbly prays for a declaration that the refusal to accept the petitioner as a student in the 1st year M. B., B. S. Classes of Chandka Medical College etc., is without lawful authority. (b) The respondents be directed to admit the petitioner to 1st year M. B., B. S. Class to the Chandka or in Sind Medical College, Karachi. (c) That the petitioner may also be awarded any other relief which the honourable Court deems fit and proper. (d) That the petitioner may also be awarded costs of the petition."

2. Brief facts leading to the filing of this petition are that the petitioner was born on 13‑3‑1962 at Sukkur and got his primary education in Hamidia (Government) Urdu Primary School, Jacobabad. It seems that the petitioner as well as his father obtained Domicile of District Jaccobabad on 12‑11‑1979 and 4‑8‑1973 respectively. It further seems that the petitioner passed his. Second School Certificate examination from the Board of Intermediate any Secondary Education, Hyderabad, Sind in June, 1977. The result was out in January, 1978. It further seems that the petitioner passed his Intermediate Examination from the same Board of Intermediate and Secondary Education in December, 1980 and obtained 73'1 % marks. It further seems that the petitioner also completed N. C. C. training during the. period commencing from 5‑I1‑1977 to 8‑6‑1979 and was granted N. C. C. Certificate No. 0914721 and thus the petitioner was entitled to 2% additional marks on account of the above certificate. It further seems that the petitioner applied fort P. R. C. to the Deputy Commissioner, Jacobabad on 7‑11‑1979 which was declined by him by an order dated 9‑3‑1981. The petitioner being aggrieved by the above order filed an appeal on I1‑3‑1981, which was allowed by the Commissioner, Sukkur Division through his order dated 29‑3‑1981 and the case was remanded to th., Deputy Commissioner, Jaccobabad for a fresh adjudication. It also seems that before the Commissioner decided the petitioner's above appeal, the petitioner applied for admission in Ist year M. B., B. S. in Chandka Medical College through an application dated 9‑2‑1981. However, the above application was declined by the College 'authorities on the ground that the petitioner did not hold P. R. C.. which was a pre‑condition under rule 12 of the prospectus for admission. It further seems that the petitioner was granted P. R. C. on 15‑6‑1981 by the Deputy Commissioner, Jaccobabad, after the case was remanded to him by the Commissioner, Sukkur. In spite of the above P. k.. C. the petitioner was not granted admission by respondents Nos. 2 and 3 on the ground that the admissions were already completed in March, 1981 after the preparation of the list of successful applicants on 8‑3‑1981. The petitioner being aggrieved by non‑granting admission by respondents Nos. 2 and 3 filed the above petition.

3. It is an admitted position that the academic year of the 1st year for which the petitioner had applied has already expired and therefore, the petitioner cannot be granted admission in the academic year which is already of over. However, the petitioner is entitled to admission under rule 12 and in case he is not granted admission, he shall have fresh cause of action to file fresh petition.

4. The petition is disposed of with the above observations with no order as to costs. K. M. A. Petition disposed of.