Prospectus of Medical Colleges in Punjab

Candidates were nominated by the Azad Jammu and Kashmir Government but admission was refused to the candidates by the Punjab Government for the reason that the nominations had not been trade in the manner in which the merit of the candidates was determined by the Punjab Government

Prospectus of Medical Colleges in Punjab for the year 1999-2000 showed that there was no condition about the manner in which the Azad Jammu and Kashmir Government had to determine their nominations and there was no condition that the nominations would be made in the manner prescribed or followed by the Admission Board constituted for the admissions in question

Effect

Punjab Government was not justified in not accepting the nominations as made by the Azad Jammu Kashmir Government because the nominations were in conformity with the Prospectus

Candidates were allowed provisional admission to the medical colleges accordingly.

Where the candidate appeared in the entry ,test in terms of the prospectus published by the Competent Authority and the vires of the same was not challenged by the candidate before appearing the entry test, candidate was estopped to file the Constitutional petition on the principle of estoppel and waiver.

Provisions at p. 52 of Prospectus of Government Medical Colleges in Punjab did not allow migration of students admitted against reserved seats on various categories, to other medical colleges

Refusal of the Government to allow migration of the candidate from one medical college to the other was backed by the rule contained in the Prospectus

High Court declined interference.

Where the certificate of the candidate was found to be false and the same was cancelled the admission of the candidate-in Medical College was rightly cancelled.

Out of turn admission in First Year M.B.,B.S. Class granted to petitioner on concession given by Principal of Medical College whereby claim of petitioner was admitted and Constitutional petition was allowed by High Court at preliminary stage

Validity

Chairman, Admission Board and Province of Punjab being necessary parties had not been impleaded in Constitutional petition

One consolidated list of candidate had to be prepared by Admission Board and if any vacancy was left, it had to be filled in by the Chairman, Admission Board

Only respondent cited in Constitutional petition was Principal of Medical College who being father of candidate readily conceded to assertion of candidate in his Constitutional petition having little regard to legal position that petitioner could not have applied to current session but could have applied for next session

Petitioner collusively with his father filed Constitutional petition against his father (the Principal) who readily agreed and, thus, by practising fraud upon High Court got admission in Medical College on the pretext that he being son of a Doctor was eligible to get admission on reserved seats of Doctor's sons and although he was eligible to apply next year he accepted his marks to be more that were likely to be obtained next years by Doctor's sons in next year

Entire proceedings in Constitutional petition pursuant to which petitioner was allowed to be admitted in First Year M.B.,B.S. Class were collusive based on misrepresentation and fraud

Petitioner practised fraud upon Court and fraudulently deprived another candidate .whose name already existed on merit list and was entitled to get admission

Plea of petitioner that he had spent three years in Medical College and should be allowed to complete his medical education could not be a ground to permit wrongful gain to continue

Appeal against wrongful admission of petitioner was accepted and his admission was set aside in circumstances.

Secretary, Health's approval being essential for such migration, he refused the same on basis of Governor's Notification, dated 28-2-1995, whereby such migration could only be allowed from one Government Medical College to another Government Medical College

Validity

Prospectus would allow migration from one Government Medical College to another Government College on mutual exchange basis subject to "no-objection certificate" from concerned Principals

Fact that private Medical College was being inspected by Medical Council would not bring the same within domain of Government Medical Colleges

Policy of allowing migration from Private Medical College to Government Medical College would violate very function of merit policy for candidate failing to secure and obtain admission in Government Medical College on merit could get admission in Private Medical College and manoeuvre to seek admission to the deprivation of rightful claimant

Scheme of migration also negates such policy

Petitioner was, thus, not entitled to seek admission in Medical College concerned.

Provisions of para. 12 (a) & (c) require that application for admission filed by a candidate must be complete in all respects and should be accompanied by relevant documents; there was, however, no further requirement that only the candidate whose result had been declared could apply.

Prospectus of Medical Colleges for the year 1990-91 both on the cover in bold letters as also in R.6 thereof, incorporated with particularity right to amend the- same

Rule 23 of the Prospectus envisaged Admission Board's power to determine the merit equivalence well before the last date for receipt of admission forms

Admission Board not only formulated the formula for equivalence certificate but also notified the same, prior to receipt of Admission Forms

Admission Board's decision declining admission to petitioner being in accordance with equivalence certificate and formula adopted by it for admission, was not violative of the admission policy as enshrined in R.23, Prospectus of Medical Colleges in Punjab (1990-91).

Words "television ,receiving apparatus" and `holder"-Definition-Fee is levied not on the 'use of television receiving apparatus but on its possession-"Holder" of a television receiving apparatus is required to obtain licence.

[Words and phrases].

R. 22(b)-Sub-rule (b), r. 22 not arbitrary-Action of Admission Board in not applying same in case of students of Federal and other )3oards where examination was taken in parts, was arbitrary and without lawful authority-Admission Board failed to interpret and apply its own Rules correctly-Admission Board was bound to enforce its own Rules and they could be bound to its enforcement-Constitution of Pakistan (1973), Art. 199.

- R. 21 read with National Guards Act (LXI of 1973), S. 35 (c) [as amended by National Guards (Amendment) Ordinance (IV of 1975)]Admission to Medical Colleges-Contesting respondents' marks in examination result by addition of 20 marks permissible for undergoing National Cadet Corps training becoming; higher than those of petitioner, contesting respondents, held, rightly preferred to petitioner in granting admission to Medical College.-[educational institutions].

Prospectus of Government Medical Colleges in Punjab, para. 22(a)Admission of candidates with higher marks (after adding 20 marks for N. C. C. Training) than those of other candidates not having completed such training-Held, cannot be said to be without lawful authority.

General Disciplinary Rules, Section H, rr. 3 & 4-Interpretation of rules-Prospectus of Medical Colleges-Not like an ordinary commercial document or bye-laws of public representative bodies To be construed even more strictly than rules of Trade Unions- Provisions of Prospectus if unfair or unreasonable liable to be struck down as invalid-Words "any other punishment" occurring in r. 3(vii)Can only mean some punishment or punishments other than those specified in rule-Principal punishing student under r. 3(vfi) hence necessarily punishes with punishment not known to student and which such student could by no means know at time of commission of offence-Such punishment, held, not fair or reasonable and cl. (vii) of r. 3 accordingly invalid.-[Words and phrases-Interpretation of rules Educational institutions].