2016 PLP 139 (SCMR)
MURAD ALI KHAN — Petitioner Versus VICE CHANCELLOR, UNIVERSITY OF HEALTH SCIENCES, LAHORE and others — Respondents
| Citation | 2016 PLP 139 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Jawwad S. Khawaja and Qazi Faez Isa, JJ |
| Parties | MURAD ALI KHAN — Petitioner Versus VICE CHANCELLOR, UNIVERSITY OF HEALTH SCIENCES, LAHORE and others — Respondents |
| Primary Law | Educational institution |
Q1: What are the key laws and sections cited in 2016 PLP 139 (SCMR)?
This judgment primarily cites: Educational institution as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 139 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Jawwad S. Khawaja and Qazi Faez Isa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 139 (SCMR) (MURAD ALI KHAN — Petitioner Versus VICE CHANCELLOR, UNIVERSITY OF HEALTH SCIENCES, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahoor ul Haq Chishti, Advocate Supreme Court for Petitioner.
- Rasool Hussain Syed, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for Respondent No.1.
- Sardar M. Aslam, Advocate Supreme Court for Respondent No.3.
- Date of hearing: 24th October, 2014.
Headnotes / Summary
(Against the judgment dated 18-3-2014 passed by the Lahore High Court Bahawalpur Bench in ICA No.9/2011/Bwp)
Criteria for selection on reserved seat, interpretation of
Relevant prospectus of the Medical College, in the present case, specified that candidate to be selected for reserved seat "must be Cholistani by birth and should have actual residence in Cholistan"
Words " by birth" used in the prospectus could not be interpreted to include a candidate who only had a domicile of Cholistan (but was not born in Cholistan)
Courts below had rightly concluded that words "by birth" would become meaningless, if they were interpreted to include Cholistanis by domicile, even where they were born outside Cholistan
Such conclusion was consistent with the letter and spirit of the prospectus, which appeared to be providing encouragement to those who were born in Cholistan
Petition for leave to appeal was dismissed accordingly.
Judgment & Decree
JAWWAD S. KHAWAJA, J.
The petitioner impugns the judgment of the High Court dated 18.3.2014, whereby ICA No.9/2014/BWP, filed by him, was dismissed and as a consequence the decision of the Writ Petition No. 7351 of 2013 in favour of the respondent Tehreem Fatima Lashari, was affirmed.
2. The issue before us is very simple, The petitioner and Tehreem Fatima (respondent No.3) had applied for admission in Sheikh Zayad Medical College, Rahim Yar Khan and were the contesting parties for the sole seat reserved for the advancement of candidates from Cholistan, The petitioner was initially selected for the said reserved seat. The respondent No.3, cited the prospectus issued by the Government of the Punjab for admission in Government Medical and Dental Institutions. She also referred to the contents of the prospectus which specifies that the candidate to be selected for the reserved seat "must be Cholistani by birth and should have actual residence in Cholistan...."
3. The respondent claims to be Cholistani by birth, as she was born in Yazman which is in Cholistan, The petitioner, however, was born in Vehari which is not in Cholistan but the contention of the petitioner is that he was a Cholistani as he had a Cholistani domicile and the residence of his parents and ancestors was in Cholistan.
4. The learned Single Bench while deciding the Writ Petition No.7351/2013 and the Division Bench which decided the ICA No. 9/14 have interpreted the above referred provision of the prospectus. They have rightly concluded that the words "by birth" would become meaningless, if they are interpreted so as to include Cholistanis by domicile, even where they are born outside Cholistan.
5. The interpretation of the prospectus given by the learned Single and appeal Benches of the High Court is consistent both with the letter of the prospectus as well as its spirit, which appears to be providing encouragement to those who are born it Cholistan. In this view of the matter, we find no reason to interfere in the impugned judgment. This petition, as a consequence, is dismissed and leave to appeal is declined. MWA/M-43/SC Petition dismissed.