1988 PLP 87 (CLC)

‑‑‑Constitution of Pakistan (1973), Art. 199‑‑Admission‑‑Medical College‑‑Application form of petitioner for admission to medical college was submitted within time and it contained no defect but it was rejected by Principal and Chairman, Selection Board on the ground that according to Board of Intermediate and Secondary Education candidate who had appeared in H.S.C. Part II Annual Examination was 'Santosh Kumar' son of Sugnomal and not petitioner whose name was 'Sutesh Kumar'‑‑When petitioner approached authorities of Intermediate and Secondary Education Board they, after verifying record and realising their mistake issued a letter to Principal and Chairman, Selection Board certifying that name of student who had appeared in H.S.C. Part II Annual Examination was 'Sutesh Kumar' and not 'Santosh Kumar'‑‑Medical College authorities were again approached by petitioner to get admission as his name was coming within merit but they refused his request on ground that by that time admissions had been finalised‑‑Held, in view of clarification issued by Intermediate and Secondary Education Board, there was no defect in application form submitted by petitioner within time for admission to Medical College‑‑Mistake if any was made by the Board who later on realised same and corrected by issuing a letter to Principal of Medical College wherein petitioner was seeking admission‑‑On merit petitioner was entitled to be admitted as he had obtained more marks than others who had been admitted‑‑Petitioner lost no time in approaching High Court and classes in Medical College had recently started‑‑Petitioner made out a case for grant of petition‑‑Medical College was directed to grant admission .to petitioner against one of seats reserved for his district, in circumstances. Mohanlal K. Makhi Jani for Petitioner. Zawar Hussain Jafferi, A . A . ‑G for Respondents Nos. 1 and

3. Kadir Bux Memon for Respondent No.2. Nemo for Respondents Nos. 4, 5, 6 and 7 and others (absent). M.A. Rashid for Respondent No.

8. Date of hearing: 20th September, 1987. NASIR ASLAM ZAHID, J.‑‑ This Constitutional petition has been filed by Sutesh Kumar son of Sugnomal who had, after securing 785 marks (without NCC) in H.S.C. Part II examination of 1986, applied for admission to the First Year M.B.,B.S. course for the session 1986‑87 in Chandka Medical College against one of the seats reserved for boys domiciled in Dadu District. According to the petitioner, his marks of Inter‑Science are more than the marks obtained by respondents Nos. 4 to 8 but in the merit list for the students who were selected for admission to 1986‑87 session displayed on 1‑6‑1987 on the notice board of the College, petitioner's name did not appear. The petitioner made inquiries and came to know that respondents Nos. 4 and 5 had secured 762 and 760 marks including NCC and they were placed at serial Nos. 2 and 3, respondents Nos. 6, 7 and 8 had secured 629, 626 and 621 marks and they were placed at serial numbers 42, 43 and 44 in the merit list but the petitioner who had secured 785 marks, was not admitted. He made inquiries from Chandka Medical College and came to know that his form was rejected by respondent No.l only on the ground, that, according to the report of respondent No.l, the Board of Intermediate and Secondary Education, the candidate who had appeared in the H.S.C. Part II Annual Examination 1986 under seat number 16367 was 'Santosh Kumar' son of Sugnomal and not the petitioner, whose name is Sutesh Kumar. The petitioner then approached respondent No.2 for clarification, who, after verifying the record and realizing their mistake, issued a letter, dated 8‑6‑1987 addressed to respondent No.l with a copy endorsed to the petitioner, certifying that the name of the student who had appeared in the H.S.C. Part of Annual Examination 1986 under seat number 16367 was 'Sutesh Kumar' and not 'Santosh Kumar'. On 9‑6‑1987, the petitioner moved an application to respondent No.l and also handed over the aforesaid letter, dated 8‑6‑1987 of respondent No.2 Board requesting to admit the petitioner in the First Year M.B.,B.S, on merit admission was nut granted to the petitioner apparently on the ground that by that time the admissions had been finalized. In the circumstances, the petitioner filed the present Constitutional Petition in this Court on 15‑6‑1987. We have heard Mr. Mohanlal Makhi Jani, learned counsel for the petitioner, Mr. Zawar Hussain Jafferi, learned A.A.‑G. for official respondents Nos. 1 and 3, Mr. Kadir Bux demon, learned counsel for respondent No.2 Board and Mr. M.A. Rashid learned counsel for respondent No.

8. Private respondents Nos. 4, 5, 6 and 7 have remained absent. In view of the clarification issued by the respondent Board, it is evident that there was no defect in the application form submitted by the petitioner within time for admission to Medical ‑College. After~, the application had been submitted supported by the requisite documents, some inquiry was made by the Chandka Medical College from the Board of Intermediate and Secondary Education and the Board, by mistake, which they later realized and corrected, informed that the boy who had appeared in H.S.C. Part II Examination, 1986 under seat number 16367 was one 'Santosh Kumar' son of Sugnomal and not 'Sutesh Kumar' son cf Sugnomal. However, as observed earlier, later on the Board realizing their mistake, on the request of the petitioner, issued a letter to the Principal, Chandka Medical College to the effect that Sutesh Kumar had appeared in the examination. The mistake was, therefore, made by the Board and there was no infirmity or defect in the application filed within time by the petitioner for admission. On merit he was entitled to be admitted as he had obtained more marks than all the other candidates except one candidate. Mr. M.A. Rashid, learned counsel for respondent No. 8 submitted that for the mistake of the Board, one of the private respondents is likely to suffer. We realize this but then we also find that there was no mistake on the part of the petitioner either and admittedly petitioner has secured more marks than all the private respondents impleaded in the present Constitutional Petition. The classes for the 1986‑87 session have recently started perhaps in the last week of June, 1987 or first week of July, 1987. The petitioner has approached this Court without any loss of time. As he has made out a case for grant of this petition, we allow this Constitutional Petition directing respondent No.l to grant admission to the petitioner in Chandka Medical College in the First Year M.B.,B.S. for academic session 1986‑87 against one of the seats reserved for Dadu. We realize that, on account of grant of this petition, one of private respondents is likely to be affected in the sense that he might be thrown out of the College. This is a harsh decision but, as observed earlier, we are of the view that the petitioner was not at fault and his application was complete and on merit he was entitled to be admitted and the Board had later on made a mistake which was acknowledged by them by their letter, dated 8‑6‑1987. If the student who is likely to be affected on account of grant of this petition can be accommodated against any other seat that may be available or by any other method, the removal of such affected private respondent would be avoided. We are sure that the official respondents will take action accordingly if it possible. M.Y.H./S‑109/K Petition accepted