Accessibility on merit

Petitioners assailed letter No. S. O-I(I-1)1/15/2011/4219-26, dated 25-2-12, issued by Balochistan government, whereby procedure was laid down to distribute seats for minor diplomas and major diplomas in Postgraduate Medical Institute at Quetta

Validity

Reserving seats in the Institute for petitioners belonging to specific Divisions contravened Arts. 22(3)(b), 25(1) & 37(c) of the Constitution

Provisions of Art.8 of the Constitution stipulated that State would not make any law which could take away or abridged 41,ie rights so conferred (Fundamental Rights) and any law made in contravention of said clause (8(2)) to the extent of such contravention was void

Letter assailed by petitioners did not have even the status of law, violated Constitution of Pakistan and therefore, was ultra vires the Constitution

Petition was maintainable and High Court whilst exercising jurisdiction under Art.199 of the Constitution could refrain official respondents from granting admission to the Institute on the basis of letter in question that had allocated seats to different Divisions of Quetta city, which was neither Charter of the Institute, Pakistan Medical and Dental Council Regulations or the Constitution permitted

High Court declared that Letter in question and basis of granting admission on Divisional quota basis prescribed therein was ab initio void, illegal and ultra vires the Charter of the Institute, Pakistan Medical and Dental Council Regulations and the Constitution, therefore, was set aside

High Court directed the authorities to admit petitioners to the Institute strictly on the basis of merit

Petition was allowed accordingly. Muhammad Akram v. Muhammad Salim PLD 1964 (WP) Lah. 490; Muhammad Niazi v. State PLD 2003 Kar. 536; Fiaqat Hussain v. Federation of Pakistan PLD 2012 SC 224; Pakcom Limited v. Federation of Pakistan PLD 2011 SC 44; Attiyya Bibi Khan v. Federation of Pakistan 2001 SCMR 1161; Muhammad Ikram v. Principal and Chairman Admission Committee 2014 MLD 1; Muhammad Ilyas v. Bahauddin Zakaria University 2005 SCMR 961; Muhammad Majeed v. Government of Pakistan PLD 2002 Lah. 290; Tufail Muhammad v. Muhammad Ziaullah Khan PLD 1965 SC 269; Abdul Baqi v Muhammad Akram PLD 2003 SC 163; Muhammad Afaq v. Federal Public Service Commission 2001 CLC 2001 and 2003 CLC 18 ref.