Prospectus of khyber Medical College

Provincial Government after the publication of the Prospectus issued Notification whereby such candidates were exempted from entry test and only the nomination by the Armed Forces nominating Authorities was required for the admission

Admission was refused to the candidate for want of such nomination by the Armed Forces Authorities

Validity

Conditions on nominations for the Defence Personnel seats, under the provision of para. IV (3) on p.15 of Prospectus of Khyber Medical College for Academic Year 1998-99 were that the candidates should have passed the entry test and must have obtained 60% unadjusted marks in F.Sc.

Both the conditions had been fulfilled by the successful candidates

Criteria on which the Authority nominated the candidate on the reserved seats was given in the Special Pakistan Army Order, dated 27-4-1986

Candidate was not entitled to admission in preference to the successful candidates even according to the criteria laid down in the Special Pakistan Army Order

Candidates having failed to establish her preferential right to admission to medical college, petition was dismissed.

"Important notes", paragraph (xv) read with para. 8, cl. (b)-"Criteria for admission"-Interpretation-Contention that candidate applying on basis of B. Sc. (Medical Technology) Examination criteria would be marks secured by such candidate in Inter Science Medical Group Examination, held, fallacious-Marks obtained in B. Sc. Examination to be taken into consideration for admission.

Prospectus of Khyber Medical College 1981-82, rule XII- provisional Constitution Order (I of 1981), Art. 9-Admission to Medical colleges, Candidate of Federally Administered Tribal Areas-Merit of candidates inter se determinable on basis of adjusted marks worked out in manner specified in Prospectus Candidate according to Prospectus not eligible for admission, held, could not be considered for selection and his merit even could not be worked out in manner specified in Prospectus, for contest could be between eligible candidates and not between eligible and ineligible candidates-Once a candidate is out of arena on ground of his ineligibility, question of his adjusted marks does not arise-If a candidate for valid reason ineligible for admission then neither his merit was to be worked out nor was he to be allowed to compete with otherwise eligible candidates for admission.

Second preference to be given to candidates inter alia obtaining in B. Sc. Examination adjusted marks 300 and above Term B. Sc. having not been defined in Prospectus, hence, holder of B. Se. degree in any subject (including B. Sc. degree in medical technology as held by petitioner) to come within second preference if he gained adjusted marks above 300-Petitioner having passing Inter Science (Medical Group) in second division, held, fails under second preference whereas contesting respondent candidate having passed Inter Science (Medical Group) Examination with adjusted marks of over 450 comes within third preference-Petitioner in circumstances, held further, possessed prior right of admission.-[Educational institutions].

Paras. 1 & 2 read with University of Peshawar Act (II of 1974), S. 6 and Constitution of Pakistan (1973), Art. 22(3X6)-Safeguards as to educational institutions in respect of religion-Para. 2 of Prospectus providing for admission of minority community candidates only against minority seats and declaring them ineligible for open merit seats-Ultra vires S. 6 of University Act and Art. 22(3)(b) of Constitution (1973)-No citizen can be denied admission to Government aided educational institution on ground of race, religion caste or place of birth-Orders of College Principal refusing admission to minority Community candidates on merit, held, without lawful authority.