Prospectus of Bolan Medical College

Candidate was holding two domicile certificates and failed to get one cancelled two years before applying for admission, therefore, he was not allowed admission in Medical College on reserved seat

Plea raised by' candidate was that he got one certificate cancelled before applying for admission

Validity

Even if candidate had got one certificate cancelled, it would not entitle him to apply on reserved seats of a particular district, as requirement of college in that regard was three fold; firstly the local certificate of one district should have been cancelled, at least two years before applying; secondly candidate was required to so inform Selection Committee at the time of admission; and thirdly exercise of discretion by Committee was by way of special case and not as of right

As the stipulated two years period had not expired and Selection Committee was not informed about the candidate holding two certificates, the exception by way of "special case" provided in paragraph 32 of Bolan Medical College Quetta Prospectus, 2008-2009, was not attracted

Selection Committee committed no illegality in rejecting candidature of the candidate on reserved seat of district Gwadar

High Court declined to interfere in the decision made by Selection Committee

Petition was dismissed in circumstances.

Grievance of candidate was that district wise quota and reservation of seats for certain classes of students as mentioned in paras.3, 4, 7, 10 and 23 of Prospectus or Bolan Medical College (2000-2001) was violative of the provisions of the Constitution

Validity

Distribution of merit seats amongst districts/agencies and classification on the basis of disability, reciprocal basis, reservation for foreign nationals and for backward and underdeveloped regions would be deemed to have been done with a view to provide better and equal opportunities to the students of backward and underdeveloped areas of districts / agencies and regions

No deserving student was deprived under paras. 3 and 4 of Prospectus of Bolan Medical College (2000-2001), from being admitted to medical college, thus those paras were not repugnant/violative of Arts.2-A, 22, 25 & 37(c) of the Constitution

Minimum qualification for a candidate's admission to M.B.,B.S./B.D.S. classes, under para. 23 of Prospectus or Bolan Medical College (2000-2001) was Intermediate Science (pre-medical) examination from Board of Intermediate and Secondary Education, Balochistan, Quetta or any recognized Board or University and such para was also not repugnant to or violative of Arts.2-A, 22, 25 or the Constitution

High Court had rightly dismissed Constitutional petition of the candidate and no ground was made out for interference with the judgment

Appeal was dismissed.

Grievance of candidate was that District-wise quota and reservation of seats for certain classes of students as mentioned in paras.3, 4, 7, 10 and 23 of Prospectus of Bolan Medical College (2000-2001) was violative of the provisions of the Constitution

Validity

Classification on the basis of intelligible differentia must be reasonable and must have nexus with the object sought to be achieved

Reservation of seats in Medical Colleges for every district without any justification in law was in disregard to the merit policy, which was neither in consonance with the natural justice as ordained by the Holy Qur'an and Sunnah nor in the spirit of Art.25 of the Constitution

Prospectus of Bolan Medical College (2000-2001) provided a specific quota allocated for each district in preference to open competition of seats to the ratio of 70% and 30% without any distinction and District-wise distribution

District-wise allocation of seats would only be justified if every district of Province of Balochistan would have been declared and notified by Government as backward area

Division of District Quetta into rural and urban and separate allocation of seats for Quetta rural and Quetta urban was without any justification

Allocation of seats for each District of Balochistan might have some political or other reason but it was not based on the principle of reasonable classification

Fixation of District-wise quota in the Prospectus had neither any nexus with the actual state of affairs nor was in the spirit of Arts.22(4) and 25 of the Constitution

General policy of allocating seats for each district of the Province was against the law laid down by Supreme Court and also being not based on intelligible differentia, was in conflict with the principle of equality as well as the rule of open merit in consequence of which students who had secured the highest marks in the open merit list were deprived of their legitimate rights

Candidate was allowed to get admission in next session on open merit

Appeal was allowed.

Respondent did not attach registration certificate of her father issued by Pakistan Medical and Dental Council at the time of filing her application form

Before her selection as student for 1st year M.B.B.S. professional the respondent produced the required certificate and she was granted admission on merits

Petitioner being aggrieved assailed the admission of respondent before High Court in Constitutional jurisdiction

High Court dismissed the Constitutional petition and maintained the order of selection committee

Plea raised by the petitioner was that the application of respondent was incomplete and should not have been considered even

­Validity

Producing of registration certificate issued by the Medical Council was not mentioned' in para. 39 of. Prospectus of Bolan Medical College, 2003-2004

If the registration certificate was not provided along with application form, no effect was mentioned in para.10 of Prospectus of Bolan Medical College, 2003-2004, which dealt with the admissions of children of doctors

Registration certificate could have been filed along with the application form but if it had not been filed, then the college administration was also not prohibited to receive the same later on, but before its final. conclusion in respect of grant of admission of the candidate

Respondent on producing registration certificate of her father, issued by the Medical Council, had fulfilled the condition for seeking admission in terms of para. 10 of Prospectus of Bolan Medical College, 2003-2004

Supreme Court declined to interfere with the judgment passed by High Court

Appeal was dismissed.

Neither the candidate nor her -father promptly approached the Selection Committee to explain the circumstances on account of which she was prevented from appearing on the date fixed for interview before the Selection Committee

After the date of final meeting of Selection Committee, the candidate submitted application in the office of the medical college seeking condonation of default for non-appearance

Application filed by the candidate was also devoid of any substance

Default was not condoned by the Selection Committee and the admission was refused to the candidate

Validity

Failure on the part of candidate to appear on the scheduled date could not be condoned in routine or in mechanical way unless the circumstances which prevented the candidate to be physically present before the Committee brought to the notice of the Selection Committee promptly as well as to have appeared at least before the Committee on the date fixed for final meeting already notified in the first notice published by the Authorities in the newspaper

As the candidate neither cared nor acted with due diligence, therefore, she at belated stage could not be permitted to take benefit of her own wrong

Selected candidate, who was granted admission, could not be deprived of her legitimate right of admission accrued to her on account of failure of the candidate to appear for interview and subsequent lapses

Candidate failed to produce before High Court or at any stage, any document or other material indicating that she appeared or approached the Selection Committee on the date of its final meeting for interview and to explain her position

Authorities had complied with the provisions of para. 49 of Prospectus of Bolan Medical College (2002-2003) and rightly refused to condone the default of non-appearance by the candidate

Constitutional petition was dismissed in circumstances.

Rationale behind the distribution of seats for admission being present and classification on intelligible differentia was struck, para. 7 of the Prospectus of Bolan Medical College 2000-2001 was not ultra vires the provisions of Arts.22 (4), 25, 37 of 38 of the Constitution of Pakistan (1973).

Admission was denied to the candidate for the reason that her father was in possession of Domicile Certificate issued from another district and the candidate might use the certificate of her father

Validity

Selection Committee ignored the provisions of para. 21 and para. 22 of the Prospectus wherein admission to the medical college was open to genuine local and domicile students of the Province

Candidate in possession of local certificate issued by District Coordination Officer was eligible for reserved seat of such District under the provisions of para. 26 of the Prospectus of Bolan Medical College for the year 2000-2001

Selection Committee in the present case had ignored the status of the candidate whereas she was in possession of a local certificate issued in her favour and she was bona fide resident of the District from where she had applied

Only on the basis of Domicile Certificate issued to her father from another province would not debar the petitioner from admission as she had never used the certificate of her father

Selection Committee had erred in ignoring the candidate's own status and had erroneously held that the candidate might use the domicile certificate of her father

Conclusion drawn by the Selection Committee having been based on future presumption, same was not tenable

Candidate being in possession of only one local certificate and having not used the certificate of her father, her case did not fall under para. 26 of the Prospectus of Bolan Medical College for the year 2000-2001

High Court directed the Selection Committee to admit the candidate against one of the reserved seats of the District of the candidate

Constitutional petition was allowed accordingly.

Candidates received their education outside their districts as they were selected on merits on District and Provincial quota

Candidates, at the time when they were admitted in the educational institutions outside the Province, they had no knowledge about introduction of para. 7 in Prospectus of Bolan Medical College for year 2000-2001

Candidates were admitted on merits and had expectations for getting good grades

Candidates had qualified on merits and had obtained more marks than the respondent candidates but had been refused admission only for the sole reason for having studied outside their home District

Contention of the candidates was that grant of admission under para.7 of Prospectus of Bolan Medical College for year 2000-2001 to the respondent candidates having less than 60% of marks was ultra wires the Constitution and provisions of Pakistan Medical and Dental Council Regulations 1979

Validity

Minimum requirement under Regln. 11 of Pakistan Medical and Dental Council Regulations, 1979, for getting admission in medical college was 60% marks in aggregate whereas under para.7 of the Prospectus of. Bolan Medical College for year 2000-2001, admission given to the students having 30% marks on basis of quota violated, the Regln. 11 of Pakistan Medical and Dental Council Regulations, 1979, and also was not in consonance with the conditions envisaged under Art. 37(c) of the Constitution

Classification of seats other than on merits would be denying the legitimate rights of the deserving students and it would promote nepotism and corruption as there should be no compromise on the quality of education, which certainly was affected, if admissions were given on other basis than the merits

Classification under para. 7 of Prospectus of Bolan Medical College for year 2000-2001 was discriminatory and unreasonable and the same was not workable, justifiable and was not germane to the objects of the Constitution

As the notice was given to all students who got admission in the college on the basis of para. 7 of Prospectus of Bolan Medical College for year 20002001, such students were not allowed to retain ill-gotten gains, whereby the deserving students who were entitled for admission were kept out

High Court in exercise of its jurisdiction under Art. 199 of the Constitution declared the provisions of para.7 of Prospectus of. Bolan Medical College for year 2000-2001, as ultra vires the Constitution, unreasonable, unworkable and thus of no legal effect

Admissions granted to all the students on basis of para. 7 of the Prospectus of Bolan Medical College for year 2000-2001, were null and void and the case was remanded to the Selection Committee for making fresh selection on merits

Constitutional petition was allowed accordingly.

Boundaries of districts at the time of issuance of Prospectus of Bolan Medical College for the year 1999-2000 were altered later on

Effect

Change in boundaries of districts would not affect any legal proceedings or rights/privileges or liabilities

Prospectus of Bolan Medical College for year 1999-2000 was very clear that the distribution was on the basis of population and in accordance with the existing boundaries of the districts/agencies

Word 'existing' as appeared in para.7 of the Prospectus of Bolan Medical College for year 1999-2000, meant which existed at the time of issuance of prospectus or inviting applications.

Candidate's application for admission in M.B.B.S. Class against reserved, seat for "Kohlu District", Quetta, Balochistan, was rejected by Selection Committee under paras. 22 & 31 of Prospectus of Bolan Medical College, Quetta (1997-98) on ground that candidate had also applied for admission in "King Edward Medical College, Lahore", as a candidate from "Rajanpur District", Punjab

Constitutional petition filed against order of Selection Committee was dismissed by High Court

No element of mis-description in application filed by candidate for admission in M.B.,B.S. Class had been pointed out by the Authority

Nothing was on record to show that Candidate possessed domicile certificate other than "Kohlu District" on basis of which petitioner had filed said application against reserved seat

Decision of Selection Committee, rejecting application for admission of petitioner in 1st Year Class of M.B.,B.S. on basis of paras. 22 & 31 of Prospectus of Bolan Medical College (1997-98) was erroneous and not sustainable

Supreme Court setting aside judgment of High Court whereby decision of Selection Committee was upheld, remanded case to Selection Committee to decide afresh after hearing parties and to determine entitlement of petitioner for admission in 1st Year of M.B.,B.S. Class in Bolan Medical College.

Candidate applied for admission against a seat reserved for children of private full time medical practitioners of that province having standing of ten years of medical practice

Respondent candidate was a son of medical practitioner in a service of Federal Government and was not a full time private practitioner

Effect

Provisions of Category 'C' of para. 12 of Prospectus of Bolan Medical College had excluded the children of doctors either in the employment of the Federal Government or of Provincial Government

Such category catered for the children of doctors having private practice in that province for ten years

Where candidate's father fulfilled the requirements, she was entitled for the reserved seat under such category.

Art. 22 read with Arts.34 & 25???Prospectus of Bolan Medical College (1997?98)???Educational institution???Admission in First Year M.B.,B.S. Class???Abolition of one special reserved seat for girl students of each District of Balochistan Province, except Quetta Rural, Ziarat and Barkhan Districts by the Provincial Government???Classification???Validity???Government of Balochistan in abolishing one special seat reserved for girl students of each District, except Quetta Rural, Ziarat and Barkhan Districts had failed to point out as to what were the reasons of such classification and that abolition of seats was founded on reasonable distinction or basis???Classification of providing special reserved seats to girl students of Quetta Rural, Ziarat and Barkhan Districts was irrational/ unreasonable and, as such, was not sustainable in the eye of law???Principles.

Petitioner at the time of appearing for pre-entry test had not raised objection nor he agitated his. grievance to challenge the formula which was being adopted by the Selection Committee and was contrary to Regulatiohs of Pakistan Medical and Dental Council

Petitioner himself having submitted to the formula, no interference was called for by the High Court

Petitioner, however, shall be free to agitate his grievance, if any, before commencement of next session if he applied for the admission.

Rejection of application for admission in Medical College on ground that candidate had not acquired requisite education in the Province of Balochistan

Validity

Leave to appeal was granted to consider, whether the Selection Committee was justified to reject the candidate's application for admission on the ground found favour with it; whether the Selection Committee misread the record by holding that the candidate had stated that he was Federal Government nominee in the public school he studied which was outside the Province of Balochistan and whether the other candidates who also got their education in the said school were granted admission in the college in a previous year.

Leave to appeal to Supreme Court was granted to examine the question, whether the Selection Committee was competent to reject the candidature of the candidate for the reasons, firstly that, the home address of her father on the first page of his service book was written as Faisalabad (Punjab) and secondly, that they were not owners in possession of any landed property in Quetta (rural).

Seats reserved for Doctors' children were to be distributed on Provincial basis in terms of para. 14, Prospectus of Bolan Medical College 1995-96

Children of Doctors who were local/domicile of Balochistan or possessed valid permanent residence certificate of Balochistan were not required to establish that they actually belonged to any particular District/Agency.

[Educational institution].

Admission in Medical College was refused on the ground that petitioner had not got her education in the Province in terms of paras. 29 & 27 of the Prospectus

High Court declined to interfere with the decision of Selection Committee

Validity

Leave to appeal was granted to consider whether impugned judgment could be sustained in view of the fact that appellants four brothers and one sister, who also received their entire education outside the Province were granted admission in Professional Colleges in the Province against reserved seats for the residents of concerned district inasmuch as brother of appellant was declined admission in Medical Colleges on the same ground by Selection Committee, which order was maintained by the High Court but Supreme Court on appeal found that said ground was not sustainable in view of the facts of the case and directed official respondents to admit him (petitioner's brother) in next academic year/session.

Denial of admission to appellant on basis of domicile certificate of her father which was issued by District Magistrate, Quetta, when Chaman was part of that district and thereafter that district was bifurcated into Districts of Quetta and Pishin and Chaman was included into District Pishin

Appellant's father retained earlier domicile certificate and did not get his fresh domicile certificate from Pishin District

Selection Committee denied admission to appellant on basis of her father's domicile certificate which though showed the Chaman was the permanent residence of appellant yet Chaman subsequently having been included in Pishin District and from that district no domicile certificate was produced

Appellant's Constitutional petition against denial of her admission was dismissed by High Court

Validity

Lapse on part of appellant's father not to apply for fresh domiciles certificate of Pishin District was not of the nature which warranted refusal to admit appellant against reserved seat of Pishin, District, though admittedly appellant and her father were bona fide domiciled of Chanian which was part of Pishin District

Domicile certificate which was issued in 1973 and which was also valid for the area which now falls within Pishin District would be valid for that area in absence of any contrary provision providing otherwise

Appellant was thus, refused admission on ground which was not legally sustainable

Appellant and respondent both being at present in Fourth Year M.B.,B.S., respondent's case was recommended for sympathetic consideration by Authorities while appellant would continue her studies on basis of her right.-Educational institution].

Leave to appeal was granted to examine, whether the view found favour with the High Court that the requirement of passing Matriculation Examination from Balochistan was not attracted in the case of admission to Medical College, was correct.

Candidate must have passed Matriculation with Science and F.Sc. Pre-Medical Examination from the Province unless candidate could satisfy Selection Committee with cogent reasons for not studying in the Province for claiming exemption from such condition

Selection Committee had the discretion to waive such condition (for not getting education in the Province for Matriculation and Intermediate Examination) for cogent reasons

Selection Committee did not find cogent reasons for waiving such requirement

High Court could not have interfered with exercise of such discretion by Selection Committee unless it would have been of the view that exercise of such discretion against the candidate was perverse or not warranted by the facts of case which High Court did not find

Judgment of High Court was, thus, unexceptionable.

Words "as to whether a candidate actually belongs to the district agency of which he/she has produced the local/domicile certificate" as used in Prospectus of Bolan Medical College

Meaning, scope and import of

Such expression including the keyword "belongs" has a very wide connotation, for it, inter alia, would include resident, a native and an inhabitant

In absence of any special definition in prospectus, no justifiable reason existed to place narrow or strict construction thereon

Article 15 of the Constitution which confers right on every citizen, subject to reasonable restrictions imposed by law in public interest, to enter and move freely throughout Pakistan and to reside and settle in any pa

Appellant had also applied during the previous year from another district and failed to get admission because of his low merit—Local certificate was cancelled by District Magistrate on objection raised by another student

Reasons advanced for justifying cancellation of local certificate had n, been denied by appellant

Neither appellant nor his father owning any property relevant District, they had permanently settled in another District and were residing there

District Magistrate who cancelled local certificate issued previously by him on erroneous grounds was empowered to cancel such certificate and his act did not amount to revising his order or that of predecessor-in-office in any sense of the term

Finding of fact had been decide;: against appellant

Appeal against order of High Court in Constitutional petition, not disturbing the

Para. 18-Prospectus for Local and Domicile Candidates of Province of Baluchistan, Chap. 1, paras. 27 & 28 - Provisional Constitution Order (1 of 1981), Art. 9-Educational institution Admissions to Medical Colleges-Permanent residence-Fact that petitioner's eldest sister receiving a part, of her education at a place located in other province, held, would not prove that petitioner was not a permanent resident of Baluchistan.

S. 23 read with Pakistan Citizenship Rules, 1952-Vires of RulesNo provision in Act itself existing for cancellation of Citizenship Certificate, any rule framed in such regard, empowering Central Government or any other authority, to cancel same, held, would be a rule outside scope of S. 23 of Act 11 of 1951 and, therefore, illegal and ultra vires.-[Vires of statutes].

-Admission-Condition precedent under prospectus that candidate applying from a particular District of Baluchistan should have normally received all education in Baluchistan-Such condition, held, not absolute and invariably relaxable in deserving circumstances both in cases of locals and domiciles.-[Educational institutions].

Ss.8 & 9 read with Prospectus of Bolan College-Status of rules or regulations embodied in prospectus-Held, cannot be placed higher than rules or bye-laws framed in exercise of delegated powers, or executive authority-Such bye-law or rule can be struck down on ground of unreasonableness.

[Legislation]

Prospectus of Bola n Medical Collage, r 18-Admission to Medical College-Creation of further classification among domiciled candidates by prescribing an arbitrary period of 12 years' residence for parents of such candidates simply owing to apprehension that otherwise unscrupulous persons will manage to obtain false domicile certificates

Held, not justified-Requirement of 12 years' residence prescribed not ' for candidates but for his parents or guardian-Held, unreasonable discriminatory having no relationship to main classification between local and domiciled candidates-held further, that r. 18 was invalid account of being unreasonable

Pakistan Citizenship Act (II of 1951).

Prospectus of Bolan Medical College (1979-80), r. 26-AdmissionApplication of petitioner submitted to Selection Committee convincingly explaining relevant circumstances and such circumstances not finding mention in impugned order much less careful examination and suitable finding thereon-Impugned order, held, not tenable in law.

Prospectus of Bolan Medical College (1979), r. 27-Petitioner surrendering his local certificate from District Q before his interview by Selection Committee and producing permanent residence certificate from District Magistrate at K-Sanads from former ruler of K as well as certain other documents showing petitioner having possessed immovable property in District k-Documents sufficient for Selection Committee to be satisfied as to petitioner being a bona fide local of K District-Adverse decision of Selection Committee without considering documents and without giving reasons for refusing to accept petitioner's claim of being a bona fide resident of K District held, arbitrary and open to interference-Order of Committee not showing what benefit petitioner gained or what right he infringed or what manipulation, cheating or fraud, he did, petitioner, held, cannot be deprived of his birth right of being a local of K District-Order of Selection Committee being illegal and without jurisdiction set aside.

Bolan Medical College Prospectus (1979-80)-Discretion-Not synony- mous with arbitrariness, whim or caprice-Law stands to be given effect and not to be flouted-Impugned order denying admission to petitioner passed by Selection Committee-Selection Committee while forming its opinion completely ignoring entire relevant evidence-Impugned order nothing but whimsical-Case involving exercise of discretion one in which after due consideration of relevant material an authority finds two different views of a matter being possible and both being equally weighty and adopts one of them-View adopted in such case would not be interfered with, no matter how incompatible it might appear to be to an aggrieved person-Case not even of improper exercise of discretion to persuade Court to take a milder viewImpugned order being highly unjust and arbitrary, held, cannot be saved by confusing it with question of exercise of discretion.-[Words and phrases].

Rr, 14, 16 & 17-Admission to medical college-Seats for doctors` children-Two other children of a doctor having been admitted to Bolan Medical College against seats reserved for doctors' children, petitioner being daughter of some doctor, her claim, held, hit by r. 17No error whatever appearing in impugned judgment of High Court, petition for leave to appeal dismissed-Constitution of Pakistan (1973), Art. 185(3).-[Educational Institutions].

[Medical College, admission to]-Bolan Medical College Prospectus [1976-77], r. 6-Scrutiny of documents and other particulars given by candidates-Within power of College authorities-Documents or particulars incorrect or not genuine-Candidate could be debarred and his admission cancelled-Power of scrutiny exerciseable not only after grant of admission but also at time of consideration of application for admission.

Power to make alterations in admission policy-Reserved by Governor of Baluchistan-Bolan Medical College, Quetta, owned and controlled by Government, respondent Governor, executive head of Government, could lay down policy and issue instructions for reallocation of seats on basis of new policy.-[Educational institutions].