2020 PLP 1484 (MLD)

ALI BAQAR NAJAFI, J.

Through this constitutional petition, the petitioner has prayed for a direction to the respondents to admit her against the seat of MBBS Course of Under Developed District Quota for Bhakkar in Sheikh Zayed Medical College, Rahim Yar Khan.

2. Brief facts giving rise to the filing of this constitutional petition are that the petitioner submitted admission form of MBBS for Medical/Dental College's in University of Health Sciences (UHS) on open merit as well as in Under Developed District Quota (UDDQ). She submitted all relevant documents and was awarded the aggregate percentage of 91.2045. On 22.10.2019 a provisional merit list was displayed for UDDQ candidates in which the petitioner was mentioned at Sr.No.25 while Muhammad Hanzia Suleman, the pro forma respondent, was mentioned at Sr.No.22. On 15.11.2019 the open merit list was issued in which he was admitted in Sheikh Zayed Medical College, therefore, had deposited the dues on 15.11.2019 under challan No.1579. Surprisingly, on 06.12.2019 the list of UDDQ was issued in which the said respondent Muhammad Hanzia Suleman was mistakenly mentioned again at Sr.No.6 despite the fact that he has already been adjusted against open merit. The petitioner filed an application before respondent No.2/Director Admission UHS on 26.12.2019 with a request to issue the admission to the petitioner for UDDQ. Meanwhile, the respondent Muhammad Hanzia Suleman also filed an application before respondent No.3/Principal Shaikh Zayed Medical College, Rahim Yar Khan with a request that since he has already been selected on open merit and had deposited the dues under Rule # 314, he wants to be admitted on open merit instead of being adjusted in UDDQ seat. The case of the petitioner is that the purpose of observing quota of such Under Developed Districts is to facilitate the students from such areas and if the petitioner is not adjusted against the said seat, the whole purpose would be destroyed.

3. Learned counsel for the UHS submits that since the petitioner had applied against the UDDQ and Muhammad Hanzia Suleman was adjusted against the Under Developed District Quota, therefore, she cannot be adjusted. It was also contended that in open merit list, the candidate immediately below the number was adjusted and that Muhammad Hanzia Suleman was granted admission in Shaikh Zayed Medical College, Rahim Yar Khan on the basis of UDDQ, therefore, the petitioner cannot be adjusted.

4. After hearing the learned counsel for the parties and perusing the file, it is noted that under Rules and Regulations for various categories of Seats, open merit seats, seats for disabled students and students belonging to Under Developed District Seats, six districts have been named as Under Developed Districts in which district Bhakkar falls at serial No.5 having 08 MBBS and 02 BDS allocated seats. According to clause 4 of the Rules ibid, the candidates from these seats can also apply against open merit seats and these reserved seats will be in addition to any number of candidates being admitted on open merits from these Districts. The candidates from each of the above six districts admitted or not admitted on open merit can compete within their districts for reserved seats. Under clause 6 thereof, the candidates eligible for admission against both open merits as well as reserved seats can avail only one seat, thereafter the admission Board will allocate a seat to candidates purely on merit and in accordance with his/her preference. In the present case, the petitioner applied under the open merit policy as well as Under Developed District Quota for MBBS course. Likewise, the pro forma respondent Muhammad Hanzia Suleman also applied for the open merit as well as Under Developed District Quota. As per the provisional, merit-list for District Bhakkar MBBS course, respondent No.4 was placed at serial No.22 whereas the petitioner at Sr.No.25. This list was displayed on 22.10.2019, meanwhile, said respondent was admitted in open merit vide list dated 08.11.2019 in Shaikh Zayed Medical College, Rahim Yar Khan. Respondent No.4 stood at Sr.No.97 and on 15.11.2019 he deposited the fee of Rs.88230/-.

5. However, on 06:12.2019 the name of said respondent Muhammad Hanzia Suleman was again mentioned at Sr.No.6 of the 3rd selection list for Bhakkar of MBBS seats for Public Sector Medical Colleges of Punjab and was admitted again in Shaikh Zayed Medical College Rahim Yar Khan. According to the petitioner once the said respondent had deposited the dues in the open merit seat, he cannot be adjusted against the district wise seat of District Bhakkar. The case of the respondent-University is that whosoever was next in line on open merit was already adjusted.

6. The case of the petitioner is that on 13.10.2019 said Muhammad Hanzia Suleman filed a written application to the Vice Chancellor of the Medical College that he should be adjusted against open merit instead of the Under Developed District Quota, therefore, after said adjustment her name should be placed in the list of admitted students. One aspect of the case is worth noting that the whole emphasis of the policy of giving admission to the students from UDDQ is that such students should be encouraged to become doctors or Dentists. Obviously, admission policy gives them two options; either to compete in open merit or in the UDDQ in the area where they live, but if there is choice before a candidate to get admission in open merit or Under Developed District Quota in the same college, he must be adjusted against the open merit so that the Under Developed area should not be deprived of one seat. If the university follows some other pattern, it is bound to defeat the purpose of the special area uplift policy.

7. Learned counsel for the respondent has relied upon the judgment of the Single Bench titled "Maham Jahangir v. Government of Punjab and others" reported as 2018 CLC Note 80, according to which if a candidate had applied on open merit as well as in the Under Developed District Quota seats and he was adjusted on open merit at a lower level college, he could be admitted to a higher level college under the UDDQ seat, if already opted for. Obviously, if the choice of the college varies with the option, he has a right to study in higher grade college on UDDQ seat. But in the present case both way, the college is the same for Muhammad Hanzia Suleman as either way he is getting admission in Shaikh Zayed Medical College, therefore, in my humble view, this judgment is distinguishable, and is not applicable to the present case.

8. After all, the aim of such policy is to grant admission in the medical college to the candidates of UDDQ, therefore, in my humble view, the petitioner has a right to be admitted in Shaikh Zayed Medical College, Rahim Yar Khan. This we say, because we have made to understand that if the Muhammad Hanzia Suleman respondent is adjusted against open merit, the petitioner will be granted admission in the medical college in UDDQ. As far as, the argument of the learned counsel for UHS that candidate on open merit would be deprived of his/her seat is concerned, needless to mention that it is seat case of UDDQ which has to be protected under the guaranteed constitutional provision i.e. Article 37 "Promotion of social justice and eradication of social evils".

9. For what has been discussed above, this writ petition is allowed and the respondent-UHS is directed to grant admission to the petitioner under the policy of Under Developed District Quota immediately. SA/A-29/L Petition allowed.