P L D 1993 Quetta 41 (PLP)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

Petitioner secured 699 marks in (Pre-medical) group of F.Sc. in the year, 1990 and applied for admission in Bolan Medical College, for the Academic Session, 1990-91, against one of the three reserved seats from District Panjgoor. Respondent No.4 also applied for one of the reserved seats from the same District, although he had less marks than the petitioner but his candidature was accepted whereas vide impugned order, petitioner was refused admission on account of the fact that he had been selected for admission in B-Pharmacy course from where, he later on migrated to Chemistry Department and due to these facts had rendered ineligible under paragraph 20 f the Prospectus of Bolan Medical College. For reference impugned order is reproduced below:-- "On verification from the Head of the B-Pharmacy Department University of Balochistan, it was informed vide Letter No.419 dated 11-3-92 that the candidate was selected for admission in B-Pharmacy course and later on he was migrated to the Chemistry Department so the application of the candidate was rejected by the Selection Committee under paragraph 20 of the Prospectus of Bolan Medical College."

2. The counsel appearing on behalf of petitioner contended that bar contained in paragraph 20 of the Prospectus of Bolan Medical College, would be attracted provided the petitioner had been nominated for B-Pharmacy course against the Government reserved seat, According to him, after passing the F.Sc. Examination, petitioner got admission in B-Pharmacy in the University of Balochistan against open merit seats which were not reserved nor his nomination was made by any authority, therefore, the Selection Committee had fallen into error in rejecting the candidature of the petitioner.

3. On the other hand, Mr. M.S. Rukhshani, appearing on behalf of official respondents candidly conceded that bar contained in paragraph 20 of the Prospectus of Bolan Medical College would not operate against the petitioner as he was not studying in B-Pharmacy or Chemistry Department against any reserved seat nor his nomination was made against these courses by the Government.

4. Mr. Ghulam Mustafa Mengal, learned counsel for private respondent urged that the course of B-Pharmacy itself is a professional course and admission in such course shall make the candidate ineligible to take admission in the First year class of Bolan Medical College against the reserved seat.

5. We have. considered the arguments of parties' counsel and with their assistance Prospectus of the B.M.C. as well as of University of Balochistan has also been perused carefully. 6.. The moot question in this case would be 'Whether petitioner got admission in B-Pharmacy on the basis of nomination against the reserved seat of Government rendering himself ineligible to seek admission in B.M.C., in this behalf, it would be appropriate to reproduce paragraph 20 of the Prospectus:-- "If a candidate once has been finally nominated to B-Pharmacy, Veternary Engineering Forestry, Agriculture or any other Graduate or Post-Graduate course against the Government reserved seats he/she shall not be eligible to seek admission in 1st year M.B.,B.S. or 1st year B.D.S. Class, as the case may be. . The perusal of the above para. reveals that if a candidate once has been finally nominated for B-Pharmacy course. etc. or any other graduate or post-graduate course against the Government reserved seat he would not be eligible to take admission in first year M.B.,B.S. against the reserved seat.

7. Mr. Ghulam Mustafa Mengal, Advocate contended that irrespective of the fact whether for the course of B-Pharmacy the Government has reserved, seats or not but due to & fact that petitioner got admitted himself in this course, therefore, he was disqualified for admission in B.M.C.

8. In this behalf it may be seen that the background of the above provisions appears to be that students after getting admissions on the seats which are Government reserved seats used to exercise their option by changing the profession due to which the Government had to lose the reserved seat in the institutions, therefore, in order to ensure that all the Government reserved seats are fully availed and utilized a bar. has been created, that if a student, gets nominated himself against the reserved seat then he would not be eligible for admission in B.M.C. In this behalf the word nomination is of great significance because if a candidate without nomination had obtained admission in the University against, the seats which otherwise are not reserved he would not be dis-entitled for admission in B.M.C. In this context it would be appropriate to reproduce the definition of word nomination from Black's Law Dictionary, Fifth Edition, which reads as under:-- NOMINATE. To name, designate by name, or appoint. Wilson v.Stump, 310 Mass. 614, 39 N.E.2d 416, 418 to name, designate ' or propose for election or appointment. State ex rel. Pittman v. Barker, 113 Fla. 865 So. 682, 683, 94 A.L.R. 1481 for an office, a privilege a living etc. -From 'the above definition of the word 'nomination' it can be visualised that if an appointment or selection has been made against a particular incumbency by competent authority only then in that case, a bar can be implemented in the instant case, Mr. Shafi Rukhshani, Advocate after having conducted enquiry from the concerned quarter had made a statement at bar that the petitioner was not nominated in the B-Pharmacy course against the Government reserved seat. Our attention was also drawn towards the eligibility requirements and admission procedure in B-Pharmacy in the University of Balochistan, which does not provide that the seats in the B-Pharmacy Department are reserved and nominations have to be made on basis of the recommendations of some competent authority. It is pertinent to note down here that petitioner after getting himself admitted in B-Pharmacy course, attended the classes for some .time and thereafter, again he got changed his department by opting for Chemistry Department. The main contention of the learned counsel for petitioner was that in para. 20 of prospectus the words B-Pharmacy, Vaternary Engineering, Forestry, Agriculture are be read as disjunctive from the remaining portion of the paragraph. In furtherance of his arguments he contended that even if there is no Government reserved seat but once the admission has been taken by the petitioner in B-Pharamacy course he has become disqualified to claim admission in BMC against the reserved seat We failed to associate our self with the contention of learned counsel because plain reading of paragraph 20 of the B.M.C. Prospectus reveals that eligibility is to be attached only in respect of those courses where the Government has reserved seats including the B-Pharmacy Veterinary engineering etc. However, it is an admitted fact that outside the Province, in the Educational Institutions Province of Balochistan had reserved seats in the courses of B-Pharmacy etc. Thus, if a candidate has been nominated against those courses where Government. has recommended his nominees under arrangements with the other Provincial Government then he would be debarred for availing another chance against the reserved seat of the Government in' other Professional Institutions including B.M.C. therefore for these reasons the, words, appearing in paragraph 20 of the Prospectus of , B.M.C. as per necessity 're to be read and considered as conjunctive to each other. For the foregoing reasons we are inclined to hold that Selection Committee has passed impugned order without lawful authority and jurisdiction, consequently petition is allowed, directions are made to the Selection Committee for admitting of petitioner in the place of unofficial respondent in First year class or M.B.,B.S. of B.M.C. for the Academic Session 1990-91. Parties are left to bear their own costs. AA./433/Q Petition accepted.