1998 PLP 1944 (CLC)

The respondent No.2 in his parawise comments has stated that the petitioner passed his Intermediate Pre‑Medical Examination in the year 1995 from Board of Intermediate and Secondary Education, Bombay and on the basis of the said qualification he applied for his selection having domicile of Ghotki District, during Academic Session 1996‑97 whereas for this session only those candidates were eligible who passed their Intermediate Science Pre‑Medical Examination in the year 1996. It was, thus, stated that the petitioner was declined admission and he was not considered to be eligible for selection under Rule 2, sub‑clauses (ii), (iii), (Rules of admission) for Session 1996‑97, incorporated in the prospectus. It is further, averred that Chandka Medical College, Larksna is affiliated with Sindh University, Jamshoro, so, therefore, the candidates who passed their Intermediate Examination from the Board other than, Board of Intermediate and Secondary Education of Pakistan, are required to submit an equivalence certificate from University of Sindh under Rule 7(c) (iii‑Rule of admission) for Session 1996‑

97. The petitioner did not submit the requisite equivalence certificate as required under Rule 7(c) (iii Rules of admission) of the prospectus for Session 1996‑97 but he produced a certificate issued by the Inter‑Board Committee. It is stated that equivalence certificate issued by the respondent 3 i.e. University of Sindh produced by the petitioner revealed that his 20% marks were subtracted and as such petitioner was not entitled to admission. The learned counsel for the respondent No.3 i.e. University of Sindh has filed a letter purportedly sent to him by the Registrar of University of Sindh in connection with present petition containing formula for conversion of Marks for British and American System of Education with Intermediate Science (Pre-?Medical) Examination of Pakistan for the purpose of admission in professional Colleges duly approved by the Academic Council. The same is reproduced hereinbelow in extenso:‑‑ "Ref. No.G/488??????????????????????????????????????????????????????????????????????? Dated 23‑5‑1997 Prof. P.M. Artier, Legal Adviser, University of Sindh. Subject: CONSTITUTION PETITION NO.D‑22 OF 1997 ANIL ??????????? KUMAR V. PROVINCE OF SINDH AND 2 OTHERS. Dear Sir, With reference to your Letter No.AMER Co/L.A., dated 21‑5‑1997, I am reproducing below the formula for conversion of marks for British and American system of education with Intermediate Science (Biology) Group) Examination of Pakistan for the purpose of admission 1st year M.B.,B.S./B.D.S./B. Pharmacy Class duly approved by the Academic Council:‑‑ (i) Since students of Medical Group study Physics, Chemistry and Biology as optional subjects at our Intermediate Level, which is a pre‑requisite qualification for entries in Medical Colleges and 1st Professional B. Pharmacy Class the members of the Equivalence Committee feel that students seeking admission in Medical Colleges and 1st. Professional B. Pharmacy Class after completing education under British System should also be required to study abovementioned subject at ' A' levels. Hence successful completion of ' A' level. examination in Physics, Chemistry and Biology should be one of the pre‑requisite for entries in Medical Colleges and admission to 1st Professional B. Pharmacy Class. (ii) In addition, students completing their education under British system of education, must pass the following courses of H.S.C. level from the Boards of Intermediate and Secondary Education in Sindh. (a) Urdu/Sindhi. (b) Islamiat and Pakistan Studies. (iii) Since marks given against different grades under British Schools are towards comparatively higher side (A‑90, B‑80, C‑70), it is considered essential to subtract 20 % marks from the marks obtained in each? course to bring them at par without grades given in our system of Intermediate Examination (A‑70, B‑60, C‑50). (i) Since Physics, Urdu/Sindhi, Islamiat and Pakistan Studies, are not taught at either 11th or 12th grade in American Schools and these are the pre‑requisite subjects for students seeking admission in Medical Colleges in Pakistan and 1st Professional B. Pharmacy Class, students completing their education under American System of Education, must pass the abovementioned subjects of the H.S.C. Level from the Boards of Intermediate and Secondary Education in Sindh. (ii) Since marks given against different grades under American Schools are towards comparatively higher side (A‑90, B‑80, C‑70), it is considered essential to subtract 20 % marks from the marks obtained in each course to bring them at par with our grades given in our system of Intermediate Examination (A‑70, B‑60, C‑50). N.B. The above formula is applicable to the children of Pakistan stationed in Middle East and other countries. I am to inform you further that the Vice‑Chancellor has now been pleased to pass orders under his emergency powers only to subtract 15 (Fifteen) marks for the purpose. ?????????? Yours faithfully, (Sd.) (Muhammad Hussain Shaikh), Registrar We have heard the learned counsel for the parties and have perused the pleadings. We are not impressed by the arguments advanced by the learned counsel for the petitioner. The Rule III(2), (ii), (iii) and (iv) of the prospectus for Medical Colleges of Sindh for 1996‑97 is reproduced hereinbelow:‑‑ "(2) The following candidates shall be eligible to apply for admission in 1st year M.B.,B.S./B.D.S. in the Medical Colleges in Sindh for the year 1996‑97. (ii) Those who have passed Intermediate Science (Pre‑Medical Group)/B.Sc. (Biological Science) Annual Examination of 1996 or equivalent examination and secured at least 50% of the marks. (iii) Those who have passed Intermediate Science (Pre‑Medical Group)/B.Sc. (Biological Science) Supplementary Examination of 1995 or any other equivalent examination of 1995 whose result has been declared after the closing date of applications of Session 1995‑96 and before the last date for receiving applications for Session 1996‑97 and secured at least 50% marks. (iv) Those who have passed Intermediate Science (Pre‑Medical Group)/B.Sc. (Biological Science) Annual/Supplementary Examination of 1994 and could not be considered in last session due to late issue of domicile/P.R.C. or late declaration of result or late issue of marks certificate. This claim shall have to be supported by proper documentary evidence. " The rules mentioned hereinabove clearly show that, every candidate for admission to the 1996‑97 session must fall within one of the three categories mentioned therein whereas the case of the petitioner does not fall within any of the said categories. The petitioner cleared his Intermediate Pre‑Medical Examination in 1995 from Board of Intermediate and Secondary Education Maharashtra Bombay in the year 1995 and he applied for the admission during the Session 1996‑

97. The only candidates who passed Intermediate Examination in the year 1996 were eligible as per Rule 2 sub‑clause (ii) (III Rules of admission) for Session 1996‑

97. The Chandka Medical College, Larkana is affiliated with Sindh University, Jamshoro, therefore, candidates who passed the examination from the Board other than Pakistan were required to obtain and produce equivalence certificate from University of Sindh under Rule 7(c) (III ?Rules of admission) for Session 1996‑97 and not from the Inter Board Committee. The procedure of Boards conducting the Intermediate Examination in Pakistan is same but in foreign countries it is different. The certificate of petitioner reveals that in Bombay Board Mathematics is included alongwith Biology whereas it is not so in Pakistan. Likewise two other subjects Pakistan Studies and Islamic Studies/Ethics are compulsory subjects in Pakistan for qualifying the Intermediate Examination. The petitioner did not pass any of these subjects. The respondent No.2 has followed the rules correctly, therefore, petitioner is not eligible to be considered for admission in the first professional M.B.,B.S. Course during academic Session 1996‑97 because he cleared his Intermediate Examination in 1995. Only those candidates who cleared in 1996 from Sindh were eligible for admission. According to equivalence certificate issued by the respondent No.3 petitioner could not compete or apply for admission, having less marks than those candidates who were given admission against 32 seats reserved for Ghotki District. The formula deducting 20 marks of the petitioner was rightly applied in his case. For the reasons recorded hereinabove petitioner is not entitled to the admission and the petition is not maintainable and is accordingly dismissed with no order as to costs. H.B.T./A‑223/K????????????????????????????????????????????????????????????????????? ??????????? Petition dismissed.