1991 PLP 1512 (SCMR)

SHAFIUR RAHMAN, J.‑‑‑The three petitioners who are male students, seeking admission in the various Medical Colleges of Sindh, seek leave to appeal against the judgment of the High Court of Sindh dated 2‑4‑1990 whereby their constitution petition against the manner in which the Supreme Court judgment given in Shrin Munir and others v. Government of Punjab through Secretary, Health, Lahore and another PLD 1990 Supreme Court 295 was being implemented, was dismissed.

2. The judgment in Shrin Munir's case was given on 20th December, 1989. Notices inviting applications for admission to various Medical Colleges were published in the newspapers on 15‑1‑1990 and even a tentative list of those entitled to admission was displayed on 14th March, 1990 and the petitioners' names found place in it. However, within days it was substituted by another list from which their names were excluded. The second list which was substituted, was prepared, it appears in implementation of the decision of the Supreme Court in Shrin Munir's case. The petitioners challenged this by Constitution Petition which was dismissed.

3. Mr. Obaidur Rahman, Advocate, the learned counsel for the petitioners has pointed out four features of the petitioners' case, which according to him distinguish their case from that of Shrin Munir. In the first place, it is contended char on the record; there appears intelligible permissible criteria for fixing the number of seats of, the male and female students in the case of Sindh Colleges. Secondly, there is also material available in paragraph 21 of the prospectus to sustain the classification. Thirdly, the classification can otherwise be demonstrated to be proper and reasonable. Fourthly, in any case, according to the learned counsel, the abrupt departure should not have taken place from the established practice in vogue and the implementation of the decision should have been deferred to the next years, rather than imposing it on the petitioners.

4. The law on the subject has been laid down in Shrin Munir's case and having declared so, it was incumbent on all the authorities to give effect to it and to adjust the actions accordingly. The Executive authorities were particularly obliged to do so. The notices and the list which had issued were contrary to the law declared and, therefore, were incapable of creating any right in favour of the petitioners or other similarly situate. The corrective measures taken by the authorities who were already under a duty to act otherwise cannot be objected to.

5. The material or the reasonableness of the classification which the learned counsel has tried to demonstrate has been attended to in the judgment of this Court and found not sufficient for the purposes of fixing the number and for suppressing the merit of the girl students. The instances of reasonable classification and the sort of material that can sustain it have all been indicated in that judgment. As tile field is frilly covered by the decision of this Court, no case is made out for leave to appeal which is hereby refused. A.A./1‑129/S Leave refused.