2005L73 (PLP)

‑‑‑‑Chap. 2 [Arts. 29 to 40]‑‑‑Principles of policy‑‑‑Directive principles of State of the Policy are to be regarded as fundamentals to the governance of the State, but they are not enforceable by any Court. Miss Benazir Bhutto v. Federation of Pakistan PLD 1988. SC 416 ref. (d) Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 25‑‑‑Equality of citizens‑‑‑Classification‑‑‑Scope‑‑‑"Equal treatment" means equal treatment amongst persons who are equally placed or belong to the same class of people, therefore classification in terms of equal treatment is legally permissible. I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041 and Dr. Tariq Nawaz v: Government of Pakistan 2000 SCMR 1956 ref. (e) Constitution of Pakistan (1973)‑‑‑-- ‑‑‑‑Art. 199‑‑‑Constitutional jurisdiction of High Court‑‑‑Scope‑‑‑Courts do not sit in judgment over a policy of the Government unless it is proved mala fide or made in a colourful exercise of authority etc. Lt.‑Co. Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 8 and Gul Khan v. Government of Balochistan PLD 1989 Quetta 8 ref M.D. Tahir for Petitioner. Fawad Malik, A.A.‑G. for Respondents with Muhammad Shabbir, S.O. Health Department and Abdul Rasheed Asstt. KEMC, Lahore. Date of hearing: 12th April, 2005. SYED SHABBAR RAZA RIZVI, J.‑‑‑We propose to decide these two Writ Petition No.5327 of 2004 (Mst. Syeda Shazia Irshad Bukhari v. Government of the Punjab, etc.) and Writ Petition No.19778 of 2004 (Mst.Ummay Ammara v. Principal, Fatima Jinnah. Medical College etc.) by a single order as same questions of law and fact are involved in these two writ petitions.

2. The learned counsel for the petitioner in Writ Petition No. 5327 of 2004 has prayed that action of the respondents regarding fee/charges from the students admitted in medical colleges, Punjab on self‑finance basis may be declared illegal, unconstitutional, unfair, unjustified, arbitrary, without jurisdiction and without lawful authority. It is further requested that fee level in Government Medical Colleges may be brought down or at least to a reasonable extent within reach of a common man.

3. The petitioner is a student of MBBS 1st year in Nishtar Medical College, Multan. The petitioner had scored 816 marks in FSc Pre medical. She appeared in entry test for admission in medical college and obtained 881 marks. The petitioner could get her admission on the basis of self‑finance scheme for which she had to pay Rs.2,50,000 for first year. The course of MBBS is of five years, therefore, in total, the petitioner will have to pay Rs.12,50,

000. After paying for hostel, books, lab and other miscellaneous expenses, the expenses are likely to rise, upto Rs.18 lacs.

4. The learned counsel submits that regular students, admitted on the basis of merit policy have to pay 10,000. per annum, thus the students who are admitted on merit will have to pay totally Rs.50,000 for five years.

5. The learned counsel submits that same Teachers/Professors are parting education to students admitted on merit and on students admitted on self‑finance basis. The students of both categories avail similar facilities like Lab facilities, Library facilities/clinical training, etc.

6. The scheme of self‑finance is helpful for students coming from rich families but it has closed the ,doors of medical education on poor students, therefore, scheme of self‑finance in the above perspective is unreasonable and repugnant to fundamental rights of equality.

7. The petitioner in Writ Petition No. 19778 of 2004 was selected in the first year M.B.B.S. in Services Institute of Medical Sciences, Lahore on the ‑basis of self‑finance scheme for the Session 2003‑

04. The petitioner deposited total fee for the Session Rs.2,69,000, including Rs.19,000 for security. That respondent No.2 called petitioner on 9‑12‑2002 in the Department of Physiology at 9 a.m. at Birdwood Road for registration of roll numbers. The respondent No.2 shifted petitioner to the Fatima Jinnah Medical College, Lahore vide letter dated 8‑1‑2004, hence now the petitioner is student of 2nd year in Fatima Jinnah Medical College/Sir Ganga Ram Hospital, Lahore. Respondent No. 1 has directed petitioner to deposit an amount of Rs.2,50,000 as a fee for the Session 2004‑05, failing which petitioner would not, be allowed to attend the classes. The petitioner contends that total expenses of five years course of MBBS cost her about Rs.18 lacs. The other facts and grounds to file this petition are also similar like above in context of Writ Petition No.5327 of 2004.

8. Prospectuses are provided to the intending students in advance. These prospectuses contain rules for admission in the above two categories i.e. admissions on merit and admissions on self‑finance scheme basis, therefore, all students who apply for admissions under the above two categories or classes, they do it after knowing the rules in advance. Therefore, by their express conduct they bound themselves to abide by rules provided in the prospectus.

9. A law, rule or a custom having force of law, under Article 8 can be declared by this Court void, provided such law, rule or custom is inconsistent or is in contravention of fundamental rights guaranteed under the Constitution. In our Constitution, fundamental rights are provided in Chapter 1 of Part‑II of the Constitution. The list of fundamental rights does not include expressly right to acquire medical education free of cost, etc. However, in Chapter 2 of Part I of the