SECRETARY, HEALTH TO GOVERNMENT OF BALUCHISTAN, QUETTA AND 2 Others vs IMTIAZ BASHIR ETC.S
This matter originated as two appeals filed by the Government of Baluchistan against a High Court judgment directing the admission of the respondents into the Bolan Medical College. The appellants challenged the High Court's exercise of constitutional jurisdiction, arguing that the court should have exercised its discretion to dismiss the writ petitions in the larger interest of other deserving candidates who were effectively denied admission. Furthermore, the appellants contended that the High Court lacked the jurisdiction to mandate admissions, noting that the respondents' admission to the Bolan Medical College would result in wasted seats at the Nishter Medical College, prejudicing other candidates. During the appellate proceedings, the respondents raised a preliminary point asserting that the allegedly prejudiced candidates were no longer interested in the seats and had been adjusted elsewhere. The appellants failed to provide evidence to the contrary despite being granted time. Consequently, the Supreme Court determined that the legal questions regarding the exercise of judicial discretion were being addressed in other pending appeals, rendering a decision in the present case an academic exercise. The appeals were dismissed.
- Whether the Supreme Court should adjudicate on legal questions that have become academic due to subsequent factual developments?
- Does the High Court have the authority to direct the admission of students to a medical college through constitutional jurisdiction?
1. MUHAMMAD AFZAL ZULLAHJ.-These two appeals through special leave arose out of acceptance by the High Court of Baluchistan of the plea of the contesting respondents that they were entitled to admission to the M. B., B. S. 1st Year Class of the Bolan Medical College. Leave was granted to consider the questions: That High Court should not have exercised its Constitutional jurisdiction in favour of the contesting respondents: that the writ petitions should have been dismissed in proper exercise of its discretion in the "larger interest of the other contesting students", and that the High court had no jurisdiction to direct the appellants to admit the contesting respondents because "by allowing their writ petitions not only two deserving candidates have been denied admission to the Bolan Medical College, but the seats to which Imtiaz Bashir and Miss Farida Naz were given admission in Nishter Medical College, would be wasted to the great prejudice of the other reserving candidates".
2. At the time of hearing the appeals, learned counsel for the contesting respondents (Imtiaz Bashir and Miss Farida Naz) raised a preliminary point, namely that the deserving candidates, who seemed to have been prejudiced by the impugned judgment of the High Court. Are no more interested in seeking admission on the seats given to the respondents and that they have already been adjusted elsewhere. Learned Assistant Advocate-General Punjab, who appeared on behalf of the appellants, sought time to get instructions on this factual aspect. Instead of adjourning the appeals, after hearing both the sides, the judgment was reserved with direction to the Assistant Advocate-General to submit, in the meanwhile, the reply or. The aforesaid aspect of the case. He submitted in writing on 20-2-1980 that although he had "obtained the information orally" yet he was "checking and so far information in writing has not been received".
3. It is apparent from the office note dated 4-6-1980 that all efforts to obtain the relevant information have failed. No useful purpose would be served by postponing the matter any further. The point raised by the learned counsel for the contesting respondents seems to be based on facts. The legal question regarding `exercise of discretion' is being considered in other similar appeal filed by the appellants. Its discussion in these appeals would only be an academic exercise. We, accordingly, in the circum--stances stated above, dismiss these appeals. There shall be no order as to costs.