1997 PLP 434 (SCMR)

RAJA AFRASIAB KHAN, J.‑‑‑In 1994, petitioner, Zahid Mahmood passed his F.Sc. (Pre‑Medical) Examination froth Board of Intermediate and Secondary Education, Abbottabad under Roll No.19714 by obtaining 710 marks. He was given 10 marks on account of his Grade‑A position in the Matriculation Examination. He also got 20 marks for successfully completing his "National Cadet Corps"‑ The petitioner, thus, obtained 740 marks while respondent No.4, Shahzad Iqbal got only 630 marks. The petitioner and the respondent No.4, being the children of non‑teaching staff of Ayyub Medical College (hereinafter called the College) submitted their forms for obtaining admission in the first profession of M.B.,B.S. in the College against one reserved seat for such people. The father of the petitioner was, admittedly, employed as Assistant in the Project Directorate of the College on 24‑1‑1979. At the relevant time, he was working in the Directorate as Superintendent. His admission form was rejected on the ground that his father did not belong to non teaching staff of the College while respondent's father was a member of the said staff. This action of the College Authorities was challenged by the petitioner by filing Constitution petition which was dismissed by a Division Bench of Peshawar High Court, Abbottabad Bench on 22nd of May, 1995 holding that the petitioner was not eligible to apply on the basis that his father was not a member of non‑teaching staff of the College. This petition seeking leave to appeal has been instituted against the judgment of the High Court. Learned counsel for the petitioner submits that Project Directorate was an integral part of the College inasmuch as staff of the Directorate was under the control of the College Authorities and its members had continuously been working for achieving the purposes of the College. Learned counsel has also relied upon the definition of Project Director which is as follows:‑‑ "'Project Director" means Project Director, Ayub Medical College, Abbottabad. The Project Director will have powers as of the Principal in relation to the employees working under his control. " Learned counsel also refers para. 6 of the minutes of meeting of Board of Directors held on 29th of November, 1994 in support of his plea. Para. 6 of the minutes is as follows:‑‑ "The issue regarding increase in the reserved seats for non‑teaching staff for admission in 1st year M.B.,B.S. was discussed by the Principal, Ayub Medical College. Secretary, C&W Department pointed out that staff of Project Directorate has already been decided to be absorbed in the Hospital Complex, therefore, the additional seat is required to benefit the Project Directorate staff including deputationists working over there. It has been decided that the seat cannot be increased, however, the abovementioned staff has same rights as staff of Ayub Medical College to compete with on the seat reserved for non teaching staff on merits." On the strength of the above decision and definition of 'Project Director', it is argued that petitioner being the son of a member of non‑teaching staff of the College was entitled to be given the admission because he, admittedly, obtained more marks than the respondent No.4. Learned counsel adds that this aspect of the case could not be considered by the learned High Court and as such, an injustice had been done to the petitioner inasmuch as he was deprived of his right of admission. There is, prima facie, force in the argument of the learned counsel. This being so, leave to appeal is granted to the petitioner. Appeal shall be set down for its hearing soon after long vacation. A.A./Z‑219/S Leave granted