2001 PLP 145 (MLD)

Sh. Sajjad Ahmed for Abdul Rashid, Assistant Litigation, K.E. Medical College, Lahore. Briefly stated the facts are that Mr. Amin‑El‑Rasheed Khider was granted admission in M.B.,B.S. 1st year Class for the ,Session 1998‑99 in Nishtar Medical College, Multan under PTAP programme. While he was a student of 1st year Session 1999‑2000, he opted to continue his studies in Sudan. Accordingly the Embassy of the Republic of the Sudan, Islamabad vide letter, dated 19‑4‑2000 requested the Ministry of Finance and Economic Affairs, (Economic Affairs Division), Islamabad to consider the present petitioner Abde‑el‑Rehman Abbaker in place of Mr. Amin‑el‑Rasheed Khidar and granted him admission in the same Session 1999‑2000. Consequently the Ministry of Finance and Economic Affairs (Economic Affairs Division), Islamabad addressed a letter, dated 21‑4‑2000 to the Principal, Nishtar Medical College, Multan for the compliance of aforementioned request. The Ministry, however, added that it would have no objection to such admission to the present petitioner in place of Mr., Amin-el‑Rasheed Khider in the M.B.,B.S. Class under PTAP programme against the seat allocated to Sudan during the Session 1998‑

99. The said admission was further subject to the condition that it would not affect the seat for foreign students in the Session 1999‑2000. On the basis of these letters the petitioner applied for admission to the Principal, Nishtar Medical College, Multan. His request was not accepted on the ground that he could not be granted admission in the Session 1998‑99, as the students of that Session have already been promoted to next class and no seat was available in that Sessions. Feeling aggrieved he has invoked the Constitutional jurisdiction of this Court and has prayed that respondents Nos. l and 2 be directed to allow him admission against the seat allocated to Republic of Sudan during the Session 1998-99.

2. Comments of the respondents have been obtained and placed on record.

3. Arguments have been heard and record perused.

4. Contention of the learned counsel for the petitioner is that it is a case of replacement and not of any new admission as the petitioner is seeking replacement of Mr. Amin‑el‑Rasheed Khider who was granted admission in the 1st year M.B., B.S. Session 1998‑99 and who left the said Session. He further contends that as per letter, dated 13‑4‑2000 issued by the Principal, Nishtar Medical College, Multan, Mr. Amin‑El‑Rahseed Khider was a student of 1st Year M.B., B.S. Session 1999‑2000 as such a seat is vacant in the said Session and petitioner can be accommodated against that seat.

5. Conversely the stand of the learned counsel for the respondents is that admittedly Mr. Amin‑El‑Rasheed Khider was granted admission for the Session 1998‑99, that he could not qualify the said examination and left the institution so a seat fell vacant in that Session i.e 1998‑99, that the said seat cannot be filled in Session 1999‑2000. He further contends that not only Session 1998‑99 had come to an end but Session 1999‑2000 also stands concluded. He submits that the petitioner can only be granted admission in the Session 2000‑2001, if nominated by the concerned Ministry.'

6. The only point which requires determination in the instant 'writ petition is, if the petitioner can be granted admission in Nishtar Medical College against seats reserved for foreign students. Admittedly Mr. Amin‑El?-Rasheed Khider was granted admission in M.B.,B.S. Session 1998‑

99. As per certificate, dated 13‑4‑2000 issued by the Principal Nishtar Medical College, he left the said institution during the Session 1999‑2000. The petitioner as such, can be accommodated in the Session 1999‑2000 as the seat fell vacant in that Session as is evident from the letter of the Principal Nishtar Medical College dated 13‑4‑2000. However, the fact is that even Session 1999‑2000 has come to an end and row a new Session 2000‑2001 is to start with effect from October, 2000.

7. Since the case of the petitioner is basically of replacement of Mr. Amin‑El‑Rasheed Khider and not of creating a new seat so the instant writ petition is accepted and he is granted admission in M.B.,B.S. Session 2000?2001. He shall be required to abide by all other terms and conditions for appearing in the Examination.

8. With this observation, this petition stands disposed of. H.B.T./A‑124/L?????????????????????????????????????????????????????????????????????????????????? Petition accepted.