1996SCMR 1098 (PLP)
Miss BIBI FARZANA‑‑‑Appellant Versus SELECTION COMMITTEE through Secretary, Principal
| Citation | 1996SCMR 1098 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, Fazal Ilahi Khan and Fazal Karim, JJ |
| Parties | Miss BIBI FARZANA‑‑‑Appellant Versus SELECTION COMMITTEE through Secretary, Principal |
Q1: What are the key laws and sections cited in 1996SCMR 1098 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR 1098 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, Fazal Ilahi Khan and Fazal Karim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR 1098 (PLP) (Miss BIBI FARZANA‑‑‑Appellant Versus SELECTION COMMITTEE through Secretary, Principal). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Appellant.
- M. Zafar, Advocate Supreme Court and M.K.N. Kohli, Advocate‑on- Record for Respondent No. 4.
- Date of hearing: 18th October, 1994.
- Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant.
- M. Zafar, Advocate Supreme Court and M.K.N. Kohli, Advocate-on- Record for Respondent No. 4.
- Mr. M. Zafar, learned A.S.C. and Mr. M.K.N. Kohli, learned A.O.R. are present for respondent No.4. None is present for the other respondents.
- 5. We see no reason to take a different view in the present appeal and, therefore, the same is allowed. The above ground for declining admission to the appellant by the Selection Committee and the High Court is not sustainable. We would direct that the appellant's application for admission in Bolan Medical College for the academic session 1995-96 should be considered in terms of the prospectus which may be issued, but the above ground on which the appellant was declined admission, would not be available to the official respondents. We would have ordered that the appellant's application for admission should be considered for the academic session 1994-95, but Mr. M.K.N. Kohli, learned A.O.R. for respondent No.4, has informed the Court that the admissions in Bolan Medical College for the above academic session, namely 1994-95, have been finalised inasmuch as final list has been published. We have, therefore, ordered for consideration of the appellant's application for admission in Bolan Medical College for the academic session 1995-96.
Headnotes / Summary
(On appeal from the judgment dated 30‑12‑1993 of the High Court of Balochistan, Quetta, passed in Constitutional Petition No. 452 of 1993). (a) Educational institution‑‑‑ ‑‑‑‑ Prospectus of Bolan Medical College for the Academic Session 1994‑95, paras. 29 & 27‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Admission in Medical College was refused on the ground that petitioner had not got her education in the Province in terms of paras. 29 & 27 of the Prospectus‑‑‑High Court declined to interfere with the decision of Selection Committee‑‑‑ Validity‑‑‑Leave to appeal was granted to consider whether impugned judgment could be sustained in view of the fact that appellants four brothers and one sister, who also received their entire education outside the Province were granted admission in Professional Colleges in the Province against reserved seats for the residents of concerned district inasmuch as brother of appellant was declined admission in Medical Colleges on the same ground by Selection Committee, which order was maintained by the High Court but Supreme Court on appeal found that said ground was not sustainable in view of the facts of the case and directed official respondents to admit him (petitioner's brother) in next academic year/session. (b) Educational institution‑‑‑ ‑‑‑‑ Prospectus of Bolan Medical College for the Session 1994‑95, paras.29 & 27‑‑‑Petitioner was denied admission in Medical College on the ground that she had got her education outside the Province and as such was not entitled to get admission in terms of paras. 29 & 27 of the Prospectus‑‑‑Brothers and sisters of petitioner having got their education outside the Province had however, been admitted‑‑‑Such ground for declining admission to appellant by Selection Committee and High Court was not sustainable‑‑‑Appellant's application for Admission in Medical College was directed to be considered for the Academic Session 1995‑96 but the said ground on which she was declined admission would not be available to Authorities. Respondents Nos. 2 and 3: Ex parte.
Judgment & Decree
AJMAL MIAN, J.
This is an appeal with the leave of this Court against the judgment dated 30-12-1993 of the High Court of Balochistan, Quetta, passed in Constitution Petition No.452 of 1993 filed by the appellant against the order of the Selection Committee declining her admission in the First Year class of Bolan Medical College. Quetta, against one reserved seat for District Pishin for Academic Session 1992-93 on the ground that she had not received her education in the Province of Balochistan in terms of para. 29 read with para.27 of the Prospectus of the above College, dismissing the same.
2. Leave to appeal was granted to consider, whether the impugned judgment could be sustained in view of the fact that the appellant s four brothers and one sister, who also received their entire education in Hyderabad, were granted admissions in the professional colleges in Balochistan against the reserved seats for the residents of Pishin District, inasmuch Aslam Zaib Khan, a brother of the appellant, was declined admission in Bolan Medical College on the same ground by the Selection Committee, which order was maintained by the High Court of Balochistan but this Court through its judgment dated 21-6-1993 rendered in Civil Petition No.386 of 1992 filed by said Alain Zaib Khan, found that the above ground was not sustainable to view of the facts of the case and directed the official respondents to admit him to the next academic session.
3. Mr. Muhammad Munir Peracha, learned counsel for the appellant, has submitted that since two academic sessions have already expired, his client would be satisfied if the official respondents are directed to consider the appellant's application for admission in Bolan Medical College for the next academic session. Mr. M. Zafar, learned A.S.C. and Mr. M.K.N. Kohli, learned A.O.R. are present for respondent No.4. None is present for the other respondents.
4. In the aforesaid petition for leave to appeal, the following has been concluded:-- "Since the petitioner's brothers and sister who had also studied outside the Balochisten Province and were given admission in the Bolan Medical College on the basis of being bona fide residents of District Pashin, there appears to be no reason for declining admission to the petitioner under identical circumstances. "
5. We see no reason to take a different view in the present appeal and, therefore, the same is allowed. The above ground for declining admission to the appellant by the Selection Committee and the High Court is not sustainable. We would direct that the appellant's application for admission in Bolan Medical College for the academic session 1995-96 should be considered in terms of the prospectus which may be issued, but the above ground on which the appellant was declined admission, would not be available to the official respondents. We would have ordered that the appellant's application for admission should be considered for the academic session 1994-95, but Mr. M.K.N. Kohli, learned A.O.R. for respondent No.4, has informed the Court that the admissions in Bolan Medical College for the above academic session, namely 1994-95, have been finalised inasmuch as final list has been published. We have, therefore, ordered for consideration of the appellant's application for admission in Bolan Medical College for the academic session 1995-96.
6. The above appeal stands disposed of in the above terms. However, there will be no order as to costs. A.A./B-254/5 Order accordingly.