2003 PLP 1463 (CLC)

Zohra v. Government of Sindh PLD 1996 Kar. 1 ref. G. Farid Ahmad for Petitioner. Muhammad Hanif Khattana, Add1.A.-G. with Muhammad Khan Ranjha, Section Officer (ME), Health Debarment. The brief facts out of which the present writ petition arises are that the petitioner submitted admission form in terms of the public notice issued by the respondents. The petitioner appeared in the entry test and was selected on merits. The petitioner did not deposit the admission fee in lump sum within the prescribed period. The respondents did not allow the petitioner to deposit the admission fee after the target date. The petitioner being aggrieved filed this writ petition.

2. Learned counsel of the petitioner submits that action of the respondents is without lawful authority. He further submits that respondents demanded lump sum fee at the time of admission. This action of the respondents is very harsh and is not in public interest. The respondents by doing so would not allow the poor people to get the admission in the Institution. He further submits that respondents claimed and demanded Rs.25,000 over and above the amount mentioned in the public notice. He further submits that respondents claimed Rs.2,80,000 in the category of Self-Finance Scheme whereas Fatima Memorial College demanded Rs.2,12,000 in the said scheme and Military College demanded and claimed Rs.84,000 in the said scheme. He further submits that action of the respondents is not sustainable in the eyes of law.

3. Learned Additional Advocate-General submits that petitioner submitted application for admission in M.B.,B.S. Class at Services Institute of Medical Sciences, Lahore. The petitioner was at Serial No.45 in the merit list. She was offered admission in M.B.,B.S. Class in the said Institution and admission letter was also sent to her on 12-3-2003 wherein the petitioner was directed to deposit fee and other documents up to 22-3-2003 with the condition that if the petitioner failed to pay the said amount alongwith documents within stipulated period, the selection would be cancelled. The petitioner did not deposit the requisite fee and documents within the prescribed period. The respondents also got published advertisement in the press for filling some seats remained vacant due to non-joining of selected candidates. The petitioner did not apply this time for admission. The respondents have completed admissions on merits and the classes have also been started. He further submits that this writ petition is liable to be dismissed. 4. have given my anxious consideration to the contentions of the learned counsel of the parties and perused the, record myself.

5. It is admitted fact that the petitioner did not deposit the requisite fee and documents before the respondents within the prescribed period, therefore, writ petition is liable to be dismissed. In arriving to this conclusion I am fortified by the law laid down in Muhammad Zubair v. Principal, Hailey College of Commerce 1997 MLD

946. It is settled principle of law that it is the prerogative of the policy maker to frame the policy. However, this Court has ample jurisdiction to take notice of the action which would be taken on the basis of the policy as per principle laid down by the Karachi High Court in Zohra v. Government of Sindh PLD 1996 Kar.

1. It is pertinent to mention here that different Institutions claimed/demanded different amount in self-finance scheme, which is not in accordance with Article 25 of the Constitution. In this view of the matter let a copy of the writ petition be sent to the Secretary Health, Government of Pakistan, Islamabad who is directed to look into the matter and formulate a uniform policy. Otherwise private Institutions would create havoc with the people of Pakistan, which is not in accord with the mandate of the Constitution in view of Articles 4, 2A, 5(2), 20, 22, 37 and

38. He is also directed to look into the matter qua, the demand of the private Institutions to deposit the fee in lump sum at the time of admission and formulate uniform policy for all the Colleges. A copy of this order shall also be sent to the Vice-Chancellor, University of Health Sciences situated in Sheikh Zayed Hospital, Lahore who is also directed to formulate Rules and qua the recognition of the private Institutions so that all the Institutions should work within the parameters prescribed by the University of Health Sciences. Learned counsel of the petitioner is directed to hand over a copy of the writ petition along with all the annexures to Mr. Sher Zaman Khan, learned Deputy Attorney- General and Mr. Muhammad Hanif Khattana, learned Additional Advocate-General who are directed to send the same to the following authorities for necessary action and compliance:-- (1) Secretary Health, Government of Pakistan, Civil Secretariat, Islamabad. (2) Secretary Health, Government of Punjab, Civil Secretariat, Lahore. (3) Vice-Chancellor, University of Health Sciences, Sheikh Zayed Hospital, Lahore. With these observations the writ petition is disposed of. M.H./F-174/L Order accordingly.