1991 PLP 1648 (MLD)

Resume of the necessary facts, for resolving the present controversy, as divulged from the record are that petitioner, a scholarship-holder throughout the academic career, securing 727 marks out of 900 with A-one grading in the Middle Standard School Examination Spring 1984; 751 marks out of 850 with A-one grading in the Secondary School Certificate (Spring) Examination, 1986 and 816 marks out of 1100 with A grading in the; Intermediate (Spring) Examination (Pre-Engineering) -Group 1988, with a view to pursuing the medical profession, appeared in the additional subject of Biology in Spring 1.989 and obtained 125 marks out of 200, resultantly, with the requisite adjustments, scored 754 marks out of 1100 in pre-medical group and with a credit of 20 marks on the ledger on account of N.C.C., cumulatively raising the total secured marks to 774, applied to the Chairman, Admission Board/Principal K.E.M.C. Lahore on prescribed form within the stipulated date i.e. 16-1-1990 for admission to 1st Year M.B.,B.S. class in one of the Government Medical Colleges in the Punjab for the academic session 1989-90; however, pending finalisation of the admission process feeling discontented with the quantum of award in the Biology Paper, successfully got it rechecked yielding 7 additional marks escalating the grand total to 781, factum whereof was duly communicated to the Chairman, Admission Board on 31-1-1990. Despite that, to his astonishment candidates with comparatively lesser grading on the merit list were given preference and granted the admission; feeling aggrieved thereby, present constitutional petition was resorted to, wherein report and parawise comments submitted by the Chairman, Admission Board divulging reason for declining admission to the petitioner revealed that the revised result ' was furnished beyond the last date prescribed for receipt of the admission forms and tabulation of the merit list having been notified on 1-2-1990, thus was ignored, and his merit was adjudged on the basis of the original marks viz. 774 whereas the tail-ender candidate on the merit list had 779 marks, which stance, the Chairman, Admission Board, reiterated at the rostrum during the course of hearing banking upon Rule 12(g) of the Prospectus of the Government Medical Colleges in the Punjab, as the sheet anchor of the solitary contention, text whereof for the sake of ready reference is reproduced herein below in extenso: "Students of Punjab domicile residing outside the Province of Punjab and appearing from different Boards of F.Sc. (Pre-Medical) shall apply for admission in anticipation of declaration of their results (if not already declared) within the prescribed dates notified in the Newspapers. Such applications will only be considered if their results were produced before the final selection is made. Applications received after the date so prescribed wilt not be considered.

2. Since no other point was urged, therefore, treating it as a notice case the controversy is finally brought at rest.

3. Having perused the rule referred to supra, through the binocular of literal as well as logical principles of statutory construction, I am impelled to observe, without any degree of diffidence, that the solitary contention urged by the respondents suffers from inherent irreconcilable fallacy for three fold reasons; firstly, intendment of the framers of this piece of legislation had been manifested by the statutory draftsmen in an unambiguous term that it has been designed to exclusively cater for students of Punjab domicile residing beyond the frontiers of provincial territory who had appeared from different Boards of Intermediate and Secondary School Examination in F.Sc. (Pre-Medical) with a view to enabling them to apply for admission in the Medical Colleges of Punjab in anticipation of declaration of their results by the respective Boards, consequently on the principle of expressio unius est exclusio alterius, it cannot be pressed into service in cases of students of Punjab domicile residing within its geographical periphery and taking examinations from different Boards of Intermediate and Secondary Education of the Punjab; secondly, the Chairman, Admission Board, was admittedly duly apprised of the petitioner's revised result prior to the notification of the merit list of successful candidates; lastly, assuming for the sake of arguments, rule 12(g) ibid is attracted tot the instant case even then the expression `final selection' in the context of things as terminus qua would mean the date on which the last candidate amongst the contemporary applicants was granted the admission which, admittedly, occasioned on 30-4-1990. This legal proposition remained uncontroverted by the learned Additional Advocate-General

4. In view of the aforegoing, refusal of admission to the petitioner to 1st Year M.B.,B.S. class in a Government Medical College in the Punjab by the Chairman, Admission Board; is held to be without lawful authority and utterly devoid of any legal sanction; consequently, allowing the petition, respondent No.1 is directed to grant the sought for admission fortwith; however, there shall be no order as to costs. A.A./M-2920/L Petition accepted.