1991 PLP 2011 (SCMR)
JAVED FAZAL — Petitioner Versus JAVED IQBAL and 4 others — Respondents
| Citation | 1991 PLP 2011 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Abdul Qadeer Chaudhry, JJ |
| Parties | JAVED FAZAL — Petitioner Versus JAVED IQBAL and 4 others — Respondents |
| Primary Law | Educational institutions |
Q1: What are the key laws and sections cited in 1991 PLP 2011 (SCMR)?
This judgment primarily cites: Educational institutions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 2011 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Abdul Qadeer Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 2011 (SCMR) (JAVED FAZAL — Petitioner Versus JAVED IQBAL and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chishti, Senior Advocate Supreme Court and SA.M. Quadri, Advocate-on-Record for Petitioner.
- Raja M. Afsar, A.-G., Balochistan for Respondents Nos. 2 and 3.
- Date of hearing: 6th June, 1991.
- Muhammad Aslam Chishti, Senior Advocate Supreme Court and SA.M. Quadri, Advocate‑on‑Record for Petitioner.
- Raja M. Afsar, A.‑G., Balochistan for Respondents Nos. 2 and 3.
- 2. The facts, briefly stated, are that the petitioner submitted an application for admission in Engineering College, Khuzdar against one of the reserved seats for candidates from Kachhi District. The petitioner was selected by the Selection Committee and according to the learned counsel, he attended the class for over eight months. The respondent No.l filed a Constitution Petition challenging the selection of the petitioner. The petition of respondent No.l was accepted and a direction was made that the respondent No.l be admitted to the Engineering College. The High Court disqualified the petitioner on the grounds, namely (i) he got education outside the Province without assigning the reason that it was beyond his control; (ii) he obtained local certificate on the last date of submission of application; and (iii) he did not appear before the Selection Committee for interview on the first date. The Selection Committee has accepted the reasons furnished by the petitioner for studying outside Balochistan. The date for submission of application was extended upto 22‑2‑1989, therefore, prima facie it escaped the notice that he obtained local certificate before the last date of submission of application. It is also admitted by the learned Advocate‑General that the petitioner did appear for interview on a subsequent date.
Headnotes / Summary
(Against the judgment and order of the Balochistan High Court, dated 9-5-1991 in C.P.No.172 of 1990).
Constitution of Pakistan (1973), Art.185(3)
Admission in engineering college
Petitioner had been selected for admission and attended classes for over eight months
Respondent having filed constitutional petition against admission of petitioner, High Court disqualified petitioner on the grounds that; he got education outside the province without assigning reason that same was beyond his control; that petitioner obtained local certificate on the last date of submission of application; and that he did not appear before Selection Committee for interview
Selection Committee, however, had accepted the reasons furnished by petitioner for studying outside the province
Date for submission of applications having been extended, prima facie, the fact that petitioner had obtained local certificate before the last day of submission of application escaped notice
Petitioner had in fact appeared for interview on a subsequent date-- Leave to appeal was granted to consider contentions raised in petition for leave to appeal.
Judgment & Decree
ABDUL QADEER CHAUDHRY, J: ‑‑Leave to appeal is sought against the judgment of the High Court dated 9‑5‑1991.
2. The facts, briefly stated, are that the petitioner submitted an application for admission in Engineering College, Khuzdar against one of the reserved seats for candidates from Kachhi District. The petitioner was selected by the Selection Committee and according to the learned counsel, he attended the class for over eight months. The respondent No.l filed a Constitution Petition challenging the selection of the petitioner. The petition of respondent No.l was accepted and a direction was made that the respondent No.l be admitted to the Engineering College. The High Court disqualified the petitioner on the grounds, namely (i) he got education outside the Province without assigning the reason that it was beyond his control; (ii) he obtained local certificate on the last date of submission of application; and (iii) he did not appear before the Selection Committee for interview on the first date. The Selection Committee has accepted the reasons furnished by the petitioner for studying outside Balochistan. The date for submission of application was extended upto 22‑2‑1989, therefore, prima facie it escaped the notice that he obtained local certificate before the last date of submission of application. It is also admitted by the learned Advocate‑General that the petitioner did appear for interview on a subsequent date.
3. The contention raised in this petition requires examination. Leave is granted. In the meanwhile, the impugned judgment is suspended with the condition that respondent Javed Iqbal, as undertaken by both the learned counsel, will be accommodated in the same manner including casual arrangements. Security Rs.3,
000. AA./J‑85/S Leave granted.