1981 PLP 1196 (SCMR)

SHAPI-UR-REHMAN, J.-The petitioner, a candidate for admission to the King Edward Medical College, Lahore, seeks leave to appeal against the judgment of the appeal Bench of the Lahore High Court dated 30-6-1981 where by his appeal against the dismissal of the constitutional petition against refusal to admit him to that College on merit, was dismissed.

2. The petitioner obtained 666 marks in the F. Sc. Pre-medical examina tion and sought admission to Ayub Medical College, N.W. F. P. on the reserved seats of candidates belonging to Azad Kashmir and Northren Areas as prescribed in para. 6 of the Prospectus. He obtained it. He also applied for admission to the King Edward Medical College, Lahore, on the basis of merit and on the basis of being a domicile of the Punjab, He was refused admission in spite of having secured the required number of marks at the examination which possibly could have entitled him to admission in that College but for his having obtained admission on the reserved seats in another medical college

3. The petitioner challenged the refusal of the authorities by a constitutional petition. According to him the admissions to the College had to take place strictly on merit, on the basis of marks obtained at the examination, and it was an irrelevant consideration whether he had already obtained admission in another medical college on a reserved seat.

4. A learned Judge of the High Court held that no provision of the Prospectus enabled or entitled the petitioner to apply as one belonging to Azad Jammu & Kashmir as well as directly so he could not contest for a seat in the Punjab on merits.

5. On appeal a Bench of the learned Judges of the High Court alarmed the finding on the twin grounds that he having opted for a special seat could not lay a claim to the seats available in the general quota, and that he could not be considered to be having a real grievance as he had obtained a seat in one of the medical colleges of the country and could not, as a matter of legal right, claim admission to any particular College.

6. The learned counsel for the petitioner has attempted to demonstrate to us that availing of a special seat, as one belonging to Azad Kashmir and Northern Area does not disentitle the candidate from competing for a seat in the general quota. The admissions, according to him, should have taken place in accordance with merit and be could pot have been held disentitled because he resorted to a less beneficial mode for getting admission in one of the medical colleges.

7. The attention of the learned counsel for the petitioner was drawn to the concluding portion of what is shown to be rule 13 but immediately precedes. Rule 15, [there being no rule 14 as such. It reads, "a candidate previously admitted in another medical college of the country cannot apply for fresh admission. He/she should apply for readmission in the college previously admitted". The Board admitting the candidates to various colleges in the Punjab excluded the petitioner on account of his earlier admission to Ayub Medical College as a nominee of the Azad Kashmir Government. In A doing so it gave effect to this provision and the petitioner cannot make a grievance of it.

8. The learned counsel contended that such would not have been the result if, as in earlier years, the seats reserved for special groups were filled after finalizing admissions on merit basis. That may be true, but in view of the provision made in the Prospectus the contention cannot successfully be made that notwithstanding such earlier admission, he should be admitted to King Edward Medical College. His remedy, as indicated in the Prospectus, lies in seeking readmission in the college to which he was previously admitted, Leave to appeal is refused. Leave refused.