P L D 1957 (W (PLP)

WAHIDUDDIN, J.

This writ petition has been filed against the order of respondent No. 1 dated 21st November 1955, conveyed by letter No. St/2749, dated the 21st November 1955, reproduced below: "(1) The Professor and Head of the Department of Anatomy. (2) The Professor and Head of the Department of Physiology. Sub : Removal of the names of students from the College Rolls. In continuation of this office letter No. St/2725 dated the 19th November 1955, you are requested to please strike off from the College Rolls the names of the following students of the 2nd year M. B. B. S. Class if they have already been brought on - the rolls, under intimation to the undersigned.

1. Miss Zubeda Khanum Aziz

2. Miss Mahmooda Haqani

3. Mr. A. Rehman Kureshy.

4. Miss Ashraf Muhammad. A receipt of this letter may please be acknowledged. Sd : Mahmud A. Shah M. S., F. A. C. S., F. I. C. S. Principal, Dow Medical College & Civil Hospital, Karachi." The petitioner was granted provisional admission on 31st August 1955, by respondent No. 1 to the second year M. B. B. S., Class (regular) subject to the production of an eligibility certificate from the University of Karachi. Before the petitioner was admitted in Dow Medical College Karachi, he was studying in King Edward Medical College Lahore. He appeared in the Second year M. B. B. S., examination and having failed in one subject, was promoted to third year by the Principal of the said College. On 28th June 1955, the petitioner applied to the Registrar, Karachi University for migration from King Edward Medical College Lahore to Dow Medical College Karachi. This was granted on 17th August 1955, and on the basis of this permission, respondent No. 1 on 18th August 1955, inquired from the professors and heads of the departments of Physiology and Anatomy whether the petitioner could be accommodated in second year class M. B. B. S. It is alleged that the professors and heads of departments of Physiology and Anatomy approved a list of ten students and agreed to their migration to second year M. B. B. S., class in Dow Medical College. The petitioner is one of the students approved by them. As a result of this, the petitioner was admitted in second year M. B. B. S Class in Dow Medical College, Respondent No. 1 informed the petitioner of his admission on 31st August 1955, by a letter reproduced below, Exh. F "No. St/1741 31-8-55, Office of the Principal Dow Medical College & Civil Hospital. To Mr. A. Rahman Kureishy, 31/3 Baqai Villa, Firdos Colony Chaurangi, Karachi. Subject : Admission to the 2nd Year M. B. B. S. Class as a transfer case. Reference your application dated the 28th June 1955, you are hereby granted provisional admission to the 2nd Year M. B. B. S., Class (Regular) subject to the production of Eligibility Certificate from the University of Karachi. You should deposit the required fee with the College Cashier immediately. Sd. Mahmud A Shah etc." Thereupon the petitioner deposited his college fees and got a migration certificate from the Punjab University and regularly attended his classes from 31st August 1955. to 23rd November 1955. On 22nd November 1955, he was informed of the removal of his name from the rolls of respondent No. 1 college along with three, other students. It is alleged that? on receiving the intimation of his removal, the petitioner approached respondent No. 1, who expressed his helplessness in the matter and informed him that the above-mentioned order was issued on the instructions of the Ministry of Health, Government of Pakistan, and he should approach and make further representa tion to the Health Ministry for this purpose. The petitioner made several representations to respondent No. 3 and on 1st August 1956, he was finally informed that his request for admission in Dow Medical College Karachi could not be granted. It is contended before us that the petitioner having once been admitted on the rolls of Dow Medical College, his name cannot be removed from the rolls in an arbitrary and capricious manner. The College authorities could only remove his name on disciplinary grounds and for no other reason. It was further contended that the Ministry of Health had no authority to interfere after the petitioner was admitted as a student in Dow Medical College and the action of respon dent No. 1 under the instructions of respondent No. 3 was illegal, without jurisdiction and not binding on the petitioner. The petitioner has therefore requested this Court to issue a writ of mandamus calling upon respondent No. 1 among other reliefs, to allow him to continue his studies as a student in the 2nd Year M. B. B. S. Class. Respondents Nos. 1 and 3 have contested this application. Respondent No. 2 has shown this disinterestedness in the matter and has expressed his willingness to comply with the orders of this Court. It is contended on behalf of respondents 1 and 3 that the petitioner was admitted on the rolls of the college provisionally, that the administration of Dow Medical College was under the direct control of the Ministry of Health and Works from 28th August 1954, and all admissions to the College were subject to the approval of the Ministry. According to the policy laid down by the Ministry of Health in the case of transfers from King Edward Medical College Lahore, they were not to be allowed as a general rule, but exceptions could be made in case of students not suffering from disqualification of discipline, failure in the University examination or discontinuance of studies. It was further contended that admission by the Principal of Dow Medical College was subject to the approval of the Ministry of Health, and the petitioner's admission by the principal was without the approval of Government, and did not create any right. When the matter came up for consideration in the Ministry of Health, they found that his admission could not be approved as the petitioner took over 7 years to clear his first professional exami nation, and eventually failed in his 2nd year M. B. B. S., exami nation. This was against the uniform policy and in order to maintain and continue the high standard in the college, respondent 2 bona fide came to the conclusion that the petitioner should not be admitted on the rolls of Dow Medical College Karachi. The learned counsel for the respondents 1 and 3 vehemently urged that in the matter of admission, the Ministry of Health was the final authority, and the decision taken by them cannot be challenged in a Court of law. Dow Medical College Karachi is affiliated to the Karachi University and the Karachi University is governed by the University of Karachi Act LIX of 1950. Under this enactment the University authorities are entitled to frame Ordinances for the admission of students in the Colleges affiliated to the University. Under Ordinance IV in Chapter II of Ordinances and Regulations of the University of Karachi, the Principals of Colleges in the case of admission to the College Classes may admit students provisionally from the date of the opening c of the session to the expiry of the third week of the Session, but all such admissions are liable to cancellation if the students so admitted are not in possession of necessary certificates or documents. Under Ordinance V, the admission of persons admitted provisionally, shall be cancelled on the expiry of 3 weeks if they fail to produce a certificate of eligibility. The Vice-Chancellor, however, can extend the period of submission of such certificate as he deems proper. Under Ordinance XI the Vice-Chancellor is entitled to refuse admission to a student to the University classes and the affiliated colleges without giving reasons. It would thus appear that the Principal of the College is responsible for the admission of students in his college, but such admission is to A be provisional, and it becomes final upon the satisfaction of the requirements of certificate's and production of documents and the silence of the Vice-Chancellor in refusing admission. We have searched in the University Act and the Ordin ances issued under the University Act to find out any authority and power vesting in the Ministry of Health in respect of admissions in Dow Medical College, but none was pointed out to us by the learned counsel for the respondent, and in fact no such powers vest in the Ministry of Health, Government of Pakistan. We have carefully considered the administrative: machinery controlling the Dow Medical College, and in our judgment, according to Statute 26, each college recognised by the University shall be managed by a regularly constituted governing body which shall include the Principal, and at least two other members of the teaching staff of the College elected, by teaching staff including the Principal, and not less than two members appointed by the University. The Principal of a college is responsi ble for the internal administration and discipline of the college. Admission of students to a college shall be subject to the conditions prescribed by the Ordinances issued by the University of Karachi. Ordinarily it was expected that the Dow Medical College would also have a regularly constituted governing body, but it appears that no such body has been constituted. This, however, is an irregularity and it is for the University authorities to consider whether such a body should be immediately constituted or not. Under the University regulations the Principal is responsible both for the admission of students and for the internal administration of the College. The students admitted on the college roll have nothing to do with the internal arrangement or the policy laid down by the Ministry of Health and in our opinion they cannot suffer if the Principal has failed to carry out any such policy. In the present case we are satisfied that the admission of the petitioner was not subject to the approval of the Ministry of Health. The letter of admission dated 31st August 1955, does not lay down any such condition. The admission of the petitioner to the 2nd year M. B. B. S., class (Regular) was subject only to the production of an eligibility certificate from the University of Karachi., No other condition was imposed on the petitioner in connection with his admission on the rolls of the college. It has been established on the record that the University of Karachi granted to the petitioner an eligi bility certificate on 23rd November 1955. An application to the University for this purpose was forwarded by respondent No. 1 on 27th September 1955. In the circumstances of the present case, the petitioner was duly admitted as a regular student on the rolls of respondent No. 1's college. My learned brother Sir George Constantine in W. P. No. 383 of 1956 Ismail v. Principal Dow Medical College, Karachi (P L D 1957 Kar. 493) observed: "Once a student has been admitted duly as in this case, he acquires a status of an admitted student. He can only be deprived of that status as provided by the University Act." We entirely agree with the principle enunciated above and we are clearly of the opinion that respondent No. 3, after the petitioner was admitted on the rolls of the college, could not interfere and order the college authorities to remove his name from its rolls. The fact that the petitioner was admitted against the policy of Government and his admission was not conducive for maintaining the high standard of education in Dow Medical College, in our opinion should have been con sidered before the petitioner was admitted on the rolls of the College. Respondent No. 3, in our opinion, after the admission of the petitioner, could not make respondent No. 1 to remove the name of the petitioner from the rolls of Dow Medical College. For the reasons given above, we allow the petition and order respondents to allow the petitioner to continue his studies in the college with rights and privileges of Second Year M. B. B. S., class students. Respondents Nos. 1 and 3 to pay the cost of this petition. Respondent No. 2 to bear his own cost. A. H. Petition accepted.