1999 PLP 1386 (CLC)

"The following categories of students shall not be allowed migration‑‑ (i) Those who are admitted against reserved seats. (ii) Those who are admitted on the basis of merit‑cum‑choice in the colleges not tagged to their district of domicile. (iii) Those who are admitted against reciprocal seats in colleges outside the Province of their domicile, including those admitted in F..J.M.C., Lahore. (iv) Those who are admitted on nomination by Chief Minister in previous sessions. (v) Those who have not yet passed the First Professional M.B.,B.S. examination. (2) Those students who do not fall in the above categories shall be allowed migration only‑‑ (i) On mutual exchange basis between students of same class. (ii) If the Principal of the recipient college agrees to accept him and issues a non‑objection certificate to this effect. (iii) Only once during the entire period of medical education of a student. (3) The Government may, however, relax the above conditions in some special cases." It is an admitted position that the petitioner being a doctor's child in the category, "children of Medical Doctors domiciled in the Province" was the occupant of a reserved seat and, therefore., could not take benefit of Rule 2 above. It is also an admitted position that the Principal of Dow Medical College, where the petitioner was transferred under the orders of the Secretary, Health, had never agreed to accept the petitioner, let alone issuing a no‑objection certificate to such effect. At this stage, it is argued that under the quoted Rule 3, the Government has the power to relax the conditions in the two preceding rules but that, let it be noted, can be done only a special case". "Special case" here patently signifies a hardship case or one where just circumstances exist for deviating from the rules. In no attending facts a "special case" would signify the case of a well‑connected person, benefiting solely on account of such connections. Since no comments, in spite of orders, have been filed, we are constrained to draw a conclusion, which cannot be favourable to the petitioner, all the moreso because the petitioner herself also has not come up with any justifiable reason. The petition, therefore, must fail and is dismissed. At the same time, the then incumbent of the Office of Secretary Health would submit an explanation in writing as to what were the circumstances which compelled him for passing the abovesaid order of transfer, such being submitted within 15 days' time. At this stage, Mr. Nizam Ali Khan has pointed out that because the petitioner is already taking classes at the Dow Medical College in virtue of the order here discussed, she would be stranded there and may not be able to go back and continue her studies even in Sindh Medical College from where she has purportedly migrated. Normally, in such cases some people must be exposed to suffer the consequences of their manifestly overbearing conduct. However, the petitioner is a female and it is not unlikely that she alone was not responsible for what came to transpire. We would, therefore, direct the Secretary Health to undo the wrong which has been done in this case and to send the petitioner back to her parent institution, such being done within a week's time. Petition disposed of. H.B.T./A‑291/K Petition dismissed.