1997SCMR1188 (PLP)
Miss TAHIRA AYYAZ‑‑‑Petitioner Versus PRINCIPAL, KHYBER MEDICAL COLLEGE, PESHAWAR and 2 others‑‑‑Respondents
| Citation | 1997SCMR1188 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, C. J.,Sh. Riaz Ahmad And Muhammad Bashir Khan Jehangiri, JJ |
| Parties | Miss TAHIRA AYYAZ‑‑‑Petitioner Versus PRINCIPAL, KHYBER MEDICAL COLLEGE, PESHAWAR and 2 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1997SCMR1188 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR1188 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C. J.,Sh. Riaz Ahmad And Muhammad Bashir Khan Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR1188 (PLP) (Miss TAHIRA AYYAZ‑‑‑Petitioner Versus PRINCIPAL, KHYBER MEDICAL COLLEGE, PESHAWAR and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Zamir Hussain, Advocate Supreme Court for Petitioner.
- Raja Muhammad Bashir, D.A.‑G. with Ch. Akhtar Ali, Advocate‑on Record for Respondents.
- Date of hearing: 27th February, 1996
Headnotes / Summary
(On appeal from the order of the Peshawar High Court dated 17‑1-1996). Educational institution‑‑‑ ‑‑‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑Cancellation of petitioner's admission in Medical College for M.B.,B.S. Course‑‑‑Petitioner was admitted in M.B.,B.S. course against a seat reserved for children of Naval Personnel‑‑ Subsequently respondent was also admitted in the same Medical College as a nominee of Director, Naval Education Services Naval Headquarters on the same seat‑‑‑Principal of Medical College on receipt of clarification whereby it was explained that petitioner had not been nominated by Director Naval Education Services, who was Competent Authority to nominate a candidate for admission against reserved seat, but was simply recommended by a Captain of Navy, cancelled petitioner's admission‑‑‑High Court maintained cancellation of admission of petitioner on the ground that in fact, respondent was the nominee of Pakistan Navy and that her nomination suffered with no illegality‑‑‑Naval Officer who had recommended petitioner's nomination for the reserved seat (and who was holding the office of Director of Personnel Services had explained that he was not the Competent Authority to nominate any one for the reserved seat and that his nomination was just a recommendation in personal capacity that she was the daughter of a retired Naval personnel‑‑‑Such being the only criterian to determine legality of admission, no ground was made out to make a departure from the view of the matter taken by the High Court‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
SH. RIAZ AHMAD, J.‑‑‑Petitioner Miss Tahira Ayyaz seeks leave to appeal against the order passed by two learned Judges of the Peshawar High Court, whereby, writ petition filed by her challenging the cancellation of her admission in the Khyber Medical College, Peshawar for MB.,B.S. Course was dismissed. Brief facts giving rise to the institution of this petition are that the petitioner was admitted in the Khyber Medical College at Peshawar in the M.B.,B.S. Class in 1994/95's session against a seat reserved for the children of the Naval personnel. Subsequently, on 29‑1‑1995, Miss Rifat Hayat respondent No.3 was also admitted in the Khyber Medical College as a nominee of the Director Naval Education Services, Naval headquarters Islamabad on the swine very seat. Thus, the Principal, Khyber Medical College, Peshawar sought the clarification, and then it came to light that the petitioner had not been nominated by the Director Naval Education Services, Naval Headquarters Islamabad who was the competent Authority to nominate a candidate for admission against the reserved seat for the children of the Naval personnel. It further came to light that petitioner was nominated by one Qamar Hasham, a Captain in the Pakistan Navy who was also holding the office of the Director of Personnel Services. The aforesaid Qamar Hasham vide his letter, dated 8th of May, 1995 addressed to the Principal Khyber Medical College, Peshawar stated that he had only recommended the case of petitioner being the daughter of an ex‑Naval personnel for consideration, and had not nominated her for admission against Naval quota. Facts of the case further revealed that the competent Authority to nominate the children of the Naval personnel was the Director of Naval Education Service, Naval Headquarters, Islamabad, that is why, Qamar Hasham rightly informed the Principal, Khyber Medical College, Peshawar that he had only recommended the petitioner in his personal capacity. On account of this legal position, the Peshawar High Court upheld the cancellation of the admission of the petitioner by maintaining that admission of respondent No.3 as a nominee of the Pakistan Navy suffered with no illegality. In fact, this was the only criteria to determine the legality of the admission, and thus, we find no reasons to make a departure from the view of the matter taken by two learned Judges of the Peshawar High Court. Consequently, leave to appeal is declined, and the petition is dismissed. A.A./M‑3242/S Petition dismissed.