Bahadur Khan V. The Vice-Chancellor, Balochistan University of Medical And Health Sciences, Quetta,
Bench: Zaheer Ud Din Kakar
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This case involved a student challenging the admission policy of Bolan Medical College, Quetta, run by the Balochistan University of Medical and Health Sciences. The petitioner had passed his matriculation exam in 2012 but then pursued Islamic religious education before completing his intermediate (F.Sc) exam in 2017, six years later. When he applied for an MBBS/BDS seat, the university deducted five marks per year for the six-year gap between his matriculation and intermediate qualifications, as required by the prospectus's merit formula. He argued this deduction was unfair and unconstitutional, and also complained that he was denied 20 bonus marks awarded to religious scholars or those with madrasa qualifications, even though marks were deducted for his religious studies gap.
The Balochistan High Court dismissed the petition. It found that the petitioner had not submitted a certificate proving he was a Hafiz-e-Quran or met the specific madrasa qualification requirements needed to claim the 20 bonus marks, so he was not entitled to them. On the marks deduction issue, the court held that admission eligibility criteria are policy matters set by the college, and courts cannot act as an appellate body over such policy decisions unless they are shown to be unconstitutional, illegal, arbitrary, or made in bad faith. Since no such flaw was shown here, the court refused to interfere and dismissed the petition outright, reaffirming that courts generally defer to institutions on academic policy matters.
یہ مقدمہ ایک طالب علم کی جانب سے بلوچستان یونیورسٹی آف میڈیکل اینڈ ہیلتھ سائنسز کے زیرِ انتظام بولان میڈیکل کالج، کوئٹہ کی داخلہ پالیسی کو چیلنج کرنے سے متعلق تھا۔ درخواست گزار نے 2012 میں میٹرک کا امتحان پاس کیا تھا، تاہم اس کے بعد اس نے دینی تعلیم حاصل کی اور انٹرمیڈیٹ (ایف ایس سی) کا امتحان چھ سال بعد یعنی 2017 میں مکمل کیا۔ جب اس نے ایم بی بی ایس/بی ڈی ایس کی نشست کے لیے درخواست دی تو یونیورسٹی نے پراسپیکٹس میں دیے گئے میرٹ فارمولے کے تحت میٹرک اور انٹرمیڈیٹ کے درمیان چھ سالہ وقفے کی بنیاد پر ہر سال کے حساب سے پانچ نمبر کاٹ لیے۔ درخواست گزار کا موقف تھا کہ یہ کٹوتی غیر منصفانہ اور غیر آئینی ہے، نیز اس نے یہ شکایت بھی کی کہ اسے ان بونس 20 نمبروں سے محروم رکھا گیا جو دینی علماء یا مدرسے کی اسناد رکھنے والوں کو دیے جاتے ہیں، حالانکہ اس کے دینی تعلیم کے وقفے پر نمبر کاٹے گئے تھے۔
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P L D 2021 Balochistan 84 Before Naeem Akhtar Afghan and Zaheer ud Din Kakar, JJ BAHADUR KHAN--- Petitioner Versus The VICE -CHANCELLOR, BALOCHISTAN UNIVERSITY OF MEDICAL AND HEALTH SCIENCES, QUETTA ---Respondent C.P. No. 1470 of 2020, decided on 26th April, 2021. (a) Constitution of Pakistan --- ----Art. 199 ---Constitutional petition--- Test for admission in Medical College ---Policy decision of government ---Scope ---Petitioner passed his matriculation examination in the year 2012, thereafter, he continued his Islamic education, however, in the year 2017, he passed Higher Secondary School Examination and scored higher marks but since there existed gap between the degrees of matriculation and intermediate, therefore, five marks of the petitioner as per annum , were deducted from his qualification marks despite the fact that he qualified for medical seat ---Petitioner also contended that on the one hand his marks were deducted while on the other hand he was not granted additional 20 marks given to persons acquir ing madrasa degree---Validity ---Petitioner had not submitted any certificate to show that he was a Hafiz- e-Quran, therefore, he was not entitled for the 20 marks ---Eligibility of candidates was a policy of the College, thus, High Court could not interfere in the policy matters, which required consideration of various factual aspects ---Constitutional petition was dismissed in limine. Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679 ref. (b) Constitution of Pakistan --- ----Art. 199 ---Constitutional jurisdiction ---Policy decision ---Scope ---High Court cannot sit as a Court of appeal over the policy decisions and substitute its own decision with the decision of the Government unless it is proved that the decision has been made in excess of jurisdiction or the same is arbitrary and devoid of any justification. Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679 and Dossani Trave lls Pvt. Ltd. and 4 others v. Messrs Travels Shop (Pvt.) Ltd. and others 2013 SCMR 1749 ref. Syed Abdul Basit Shah for Petitioner. Sohail Azam, Admin: Officer B.M.C., Quetta for Respondent. Date of hearing: 21st April, 2021. JUDGMENT ZAHEER -UD-DIN KAKAR, J. ---Through this Constitution Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 "the Constitution", the petitioner has made the following prayer: "That this Hon'ble Court may graciously be pleas ed to declare that the merit formula of the respondent university by deducting marks for the gap between the academic degrees of the petitioner is against the merit and transparency, hence is vires to the Constitution, as such, be declared null, void and of no legal effect and in consequences thereof the respondents be directed to consider the application of the petitioner against the seat of MBBS on merit and in accordance with law and transparency without applying merit formula pertinent to deduction of m arks with regard to gap in the academic certificates (metric and F.Sc) of the petitioner; any other relief which this Hon'ble Court deems fit and proper may also be awarded, in the interest of equity, fair play and justice."
2. It is the case of petitioner that he passed his matriculation examination in the year 2012 from Balochistan Board of Intermediate and Secondary Education (hereinafter "BBISE"). Thereafter, he continued his Islamic Education, however, in the year 2017, he passed Higher Secondary Schoo l Exam. from BBISE and then twice applied for medical seat in MBBS/BDS of sessions 2017- 18, where he scored higher marks but since there exist gap between the degrees of matriculation and intermediate, therefore, five marks of the petitioner as per annum, were deducted from his qualified marks despite the fact that he qualified for medical seat. It is also the case of petitioner that on one hand, the respondent deducted his marks due to gap in his academic degree but on the other hand not granted the additi onal marks (20 marks) pertinent to religious scholar/moulvi and madrasa degree as per prospectus. In this regard, he approached the authority, but in vain, hence this petition with the prayer mentioned above.
3. We have heard learned counsel for the petiti oner and gone through the record. To understand the case, it will be convenient to reproduce Chapter -I Clause -6 of the prospectus of Bolan Medical College Quetta, which reads as under: "6. The following marks shall be added/deducted from the aggregate mar ks of the candidate: a. Twenty (20) marks shall be added to the F.Sc marks who submitted the certificate of Hafiz- e-Quran by registered Madrasa/Jamia/institute and qualify the test of recitation. The panel of Hafiz- e-Quran, who conduct the test, shall be c onstituted by the Selection Committee BMC. The decision of panel shall be considered for adding the Twenty (20) marks in his/her F.Sc marks. b. Ten marks shall be deducted per year or part of a year if a candidate fails to pass or tries to improve Division in F.Sc examination in two years after passing the matriculation/F.Sc examination as the case may be. c. Five marks per year shall be deducted if the candidate fails to get admission during the year he/she passed F.Sc examination. However, this condition does not apply in case of delay in admission caused by legal procedures resulting in Court decision favorable to a candidate originally rejected by the Admission Committee.
4. It is admitted fact that the petitioner applied for admission in MBBS/BDS after gap of six years and his five marks per annum were deducted as per policy of the College.
5. The petitioner also claimed 20 marks for his getting Islamic education, but in this regard sub -para "a" of the prospectus is very much clear, which is regarding the submission of certificate of Hafiz- e-Quran from a registered Madrasa/Jamia/Institute and subject to qualify the test of recitation, whereas the petitioner has not submitted any certificate to show that he is a Hafiz- e-Quran, therefore, he is not entitled for the 20 marks as mentioned in sub- para "a" of the prospectus.
6. In prayer clause of the petition, the petitioner has prayed for declaring Clause -6 of the Prospectus as null and void. Chapter -3 of the Prospectus deals with the Eligibility of the Candidates which is policy of the College, thus, this Court, in view of the law laid down in the case of Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679, cannot interfere in the policy matters, which requires consideration of various factual aspects. The High Court cannot sit as a Court of appeal over the policy decisions and substitutes its own decision with the decision of the Government unless it is proved that the decision has been made in excess of jurisdiction or the same is arbitrary and devoid of any ju stification. The Hon'ble Supreme Court of Pakistan in another judgment reported in 2013 SCMR 1749 titled "Dossani Travells Pvt. Ltd. and 4 others v. Messrs Travels Shop (Pvt.) Ltd. and others" has held that policy making is the domain of the Executive and interference in such domain was not the function of High Court while exercising jurisdiction under Article 199 of the Constitution, unless it is violative of the Constitution, law or product of mala fide. 6(sic). In view of all the above, the petitioner is held not entitled for the reliefs claimed for, thus, the instant petition is dismissed in limine. SA/109/Bal. Petition dismissed.