2009 PLP 1406 (YLR)
Syeda SABA BATOOL — Petitioner Versus BAHAUDDIN ZAKARIA UNIVERSITY through Vice-Chairman and 2 others —
| Citation | 2009 PLP 1406 (YLR) |
| Forum / Court | Lahore |
| Bench Members | S. Ali Hassan Rizvi, J |
| Parties | Syeda SABA BATOOL — Petitioner Versus BAHAUDDIN ZAKARIA UNIVERSITY through Vice-Chairman and 2 others — |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 1406 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1406 (YLR)?
The case was heard and decided by the Lahore bench comprising: S. Ali Hassan Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1406 (YLR) (Syeda SABA BATOOL — Petitioner Versus BAHAUDDIN ZAKARIA UNIVERSITY through Vice-Chairman and 2 others — ). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shuja Haider Syed for Petitioner.
Headnotes / Summary
Art.199
Constitutional petition
Admission in college
Petitioner, who was given admission in M.Sc. (Economics), was subsequently intimated that her admission had been cancelled on account of her being over-age
Despite advertisement and the prospectus issued for admission, the age was given therein while the petitioner deposited the admission form in violation of the prescribed condition
Authorities had also advertised that relaxation would not be allowed in any case
Petitioner, in violation of that condition, being over-age which could only be found on scrutiny, could not be absolved on her part to ignore such condition
Contention was that condition of age be declared ultra vires
Policy maker could not be asked to change the same for the convenience of one candidate and let others suffer
Object of fixation of age as eligibility to get admission appeared beneficial to the student community--Impugned order could not be interfered with in exercise of constitutional jurisdiction of High Court.
Judgment & Decree
S. ALI HASSAN RIZVI, J.
The petitioner applied for M.Sc. (Economics) for admission on open merit in evening class and she was asked to deposit admission fee in the tune of Rs.20,
670. She was allotted Roll No.12. Statedly, she joined the classes and secured 58% marks in the respective subjects, Thereafter, it was intimated that her admission has been cancelled being an over-age. It is prayed for and contended that the age for admission given in the prospectus is without any prescribed rules/regulations; that if these rules are framed even then are unreasonable, oppressive and devoid of any object; that no object of the respondent would serve if the limit of the age is fixed, therefore, the rule if any, be declared ultravires because the matter relates to the legitimate right of petitioner and the rules/ regulations are unreasonable and the interference of this Court is required to declare it as against the legitimate right of the petitioner and people.
2. After hearing to learned counsel at preliminary stage it transpires that despite advertisement and the prospectus issued for admission the age was given therein while the petitioner deposited the admission form in violation of the prescribed condition. It was also advertised that relaxation shall not be allowed in any case. The petitioner if in violative of these condition being overage which could only be found on scrutiny cannot be absolved on her part to ignore the condition.
3. As far as the prayer made to declare ultra vires the condition of the age is concerned, the policy maker cannot be interfered with to form the same at the convenience of one, which may to let suffer to others. The object of fixation of age as eligibility to get admission appear beneficial to the students at large. The impugned order cannot be interfered with by exercise of Constitutional jurisdiction of this Court. Dismissed in limine. H.B.T./S-3/L Petition dismissed.