2021 M L D 1333
[Balochistan]
Before Naeem Akhtar Afghan and Rozi Khan Barrech, JJ
MUHAMMAD NASEEM ---Petitioner
Versus
VICE -CHANCELLOR BOLAN UNIVERSITY OF HEALTH SCIENCES, QUETTA
through Registrar and another ---Respondents
C.P. No.80 of 2020, decided on 17th August, 2020.
Constitution of Pakistan ---
----Art.199--- Constitutional petition ---Educational Institution--- Admission ---Merit list---
Admission to medical college ---Petitioner was aggrieved of merit list prepared for
admissions to medical c olleges ---Validity ---Selection process was finalized and academic
session had started ---Petitioner was not vigilant and she could not be permitted to take
benefit of her own lapses nor selected candidates could be deprived of their legitimate
admissions ---Jurisdiction of High Court under Art.199 of the Constitution was meant for
correcting jurisdictional errors in orders and proceedings of tribunals and executive authorities ---No illegality or error in the process of selection of candidates by authorities
warranting interference by High Court was noticed ---Constitutional petition was dismissed,
in circumstances.
Kashif Panezai for Petitioner.
Sultan Khalid, Legal Advisor for BUMHS for Respondent No.1 along with Sohial
Azam, Admin Officer, BUMHS, Quetta.
Date of hearing: 10th August, 2020.
JUDGMENT
ROZI KHAN BARRECH, J. ----The petitioner has invoked the Constitutional
jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer: -
It is, respectfully prayed that this Hon'ble Court may kindly be pleased to declare that on the technical ground the petitioner name excluding on the initial stage of the admission process is illegal against the justice.
The respondent be directed to include the name of the petitioner in the District Merit
List.
Any other relief which this Hon'ble Court deems fit and appropriate may also be
awarded".
2. Brief facts of the case are that the petitioner after the advertisement issued by
respondent applied for the Seat of MBBS and after submitting fees and educational credential the petitioner was declared eligible for the test wherein the test was conducted by BUMHS and the result was announced and the petitioner secured 71.409% marks as per the weightage formula.
3. The petitioner further averred in his petition that after issuing merit list, being
resident of District Sherani, the petitioner time and again contacted the respondent office through telephone but he was told that due to the strike of the staff, no initiative has been taken yet; that he tried to visit the office of the respondent but due to the strike of the staff the petitioner was not allowed e ven to enter in the premises of college due to which he
returned home town i.e. Sherani; that thereafter due to heavy snow fall, the road from Zhob to Quetta was blocked; that the petitioner came to know that on 27.01.2020 the tentative district merit list has been issued by the respondent office wherein the name of the petitioner
was not mentioned and the names of students having lower marks percentage were included; that being aggrieved, the petitioner rushed to the office of the respondent and submitted written objections and requested to include his name in the merit list but having no response, the petitioner filed the instant constitution petition.
4. The respondents submitted their para wise comments and denied claim of the
petitioner.
5. We have hear d both the learned counsel for the parties and have gone through the
available record with their assistance.
6. It may be observed that the petitioner has applied for appearance in the MDCAT test
and submitted his form under Roll No.2722884 on 15.09.2019; that result of MDCAT was
issued by BUMHS by the merit list dated 31.11.2019 for Sessions 2019 -20 and the petitioner
had secured 71.409% marks in MDCAT test.
In the above tentative merit list .of MDCAT it is clearly mentioned that "the
Provincial, Divisio nal, District and other categories wise Merit Lists shall be issued after
applications for admissions are invited. The Final Merit List will be issued after submission of hard copies of documents including marks sheets and after deduction/addition of Marks
(where required)".
7. Subsequently by making advertisement in all the newspaper and on the other website
BUMHS invited applications online for admission in MBBS/BDS courses for the session 2019- 20 from the candidates who had passed the MDCAT test.
The candidates who had applied online were required to submit the hard copies of the
application in the admission office of BUMHS by or before 24.12.2019. Further, the candidates were required to deposit application form fee in the office through HBL.
8. To regu late admission of Professional Colleges including Medical Colleges all over
the country and in our province too, prospectus for the session is published and issued. For
the Session in question, we have before us prospectus for admission in BMC Session 2019-20. In its fourth chapter at page -42, clause 21 clearly mentions the procedure of admission
with the last date of submission of application form and hard copy submission as 24th
December, 2019 which was further extended as 14.11.2020.
9. The petitioner ne ither applied online, nor submitted the hard copy of the application
in the office of BUMHS. The petitioner neither appeared in interview nor deposited the
application form fee.
10. The petitioner filed written objections on 27.01.2020 for including his na me in the
merit list.
11. The selection process has been finalized and the academic session has started. The
petitioner was not vigilant. The petitioner cannot be permitted to take benefit of her own lapses nor the selected candidates can be deprived of their legitimate admissions.
12. According to settled principles, the jurisdiction of this Court under Article 199 of the
Constitution is principally meant for correcting jurisdictional errors in the orders and proceedings of tribunals and executive authorit ies.
In the instant case we have not observed any illegality or error in the process of
selection of candidates by BUMHS warranting interference by this Court in constitutional jurisdiction.
For the above discussion, we do not find any force in this peti tion which is
accordingly dismissed.
MH/221/Bal Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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