WAFA RASHEED SALEEMI Versus CHAIRMAN, ADMISSION BOARD FOR MEDICAL COLLEGES/PRINCIPAL, KING EDWARD MEDICAL COLLEGE,LAHORE
Writ Petitions Nos. 7083 and 8084 of 1990 having commonalty of facts and law are being disposed of together hereinbelow:
2. Pursuant to the advertisement flashed in national dailies with vast circulation, inter alia `The Daily, Nawa‑i‑Waqt's issue of 6th August, 1990, inviting applications for admission to First Year M.B.,B.S. class of Medical Colleges in the Province of Punjab for the academic session 1990‑91, stipulating 31‑8‑1990 to be the last date for the receipt of applications, Miss Wafa Rasheed Saleemi and Miss Mehnaz Ansar Khan respectively, the petitioners, applied for admission within the due date and terms of the prospectus against seats allocated for open general merit on the basis of secondary school general certificate (scientific section) from the Directorate of Intermediate and Secondary Education, State of Bahrain June, 1990 securing 812 marks out of 900 with inter alia rating in Physics 71/100, Chemistry 189/200, Biology 182/ 200, English 96/1.00 and Arabic 86/100, High School Graduation Diploma from International School Bangkok, Thailand, July, 1990, Grade‑12 with inter alia grading in Biology A/B, Chemistry A/A, Physics B+ and English A respectively and the equivalence certificates issued by the University of the Punjab conferring recognition equivalent to intermediate examination for the purposes of higher education contemplated by Rule 23 enshrined in the Prospectus.
3. However, having failed to meet with success, petitioners had recourse to the present petitions urging non‑furnishing of the reasons for refusal and that applicants with Pre‑Medical F.Sc. Intermediate Higher Secondary School Certificates from the Local Boards, of Intermediate and Secondary School Examination with lesser marks despite the equivalence certificates have been preferentially granted the admission.
4. Wherein, report and parawise comments submitted by the Chairman, Admission Board for Medical Colleges/Principal, King Edward Medical College, Lahore revealed that the petitioners did not qualify for admission on merit as per determination of the Admission Board adjudged according to the criteria laid down by it for determination of comparative merit equivalence in exercise of powers conceived in Rule 23 of the Prospectus, which works out to be 759 and 756 out of 1100 marks respectively while the last applicant admitted on open general merit had secured 808 marks excluding the subsequent drop outs.
5. During the course of hearing, it transpired that the Admission Board comprising Principals of all the seven Medical Colleges of Punjab namely King Edward Medical College, Lahore, Allama Iqbal Medical College, Lahore, Rawalpindi Medical College, Punjab Medical College, Faisalabad, Fatima Jinnah Medical College, Lahore, Nishtar Medical College, Multan and Quaid e‑Azam Medical College Bahawalpur in its meeting convened on 15‑8‑199(1, inter alia, endorsing the prospectus printed by the Punjab Government for the session 1990‑91, accorded approval to the modified formula/criteria for evaluation of merit on the basis of certificates other than F.Sc. as under:
"A+ and A = A = 75%
A‑‑, B+ & B = B = 65%
B‑‑, C+ & C = C = 55%
C‑‑, D + & D =D = 45%
D‑‑, E+ & E = E = 35%
90 __ 100 = A
80 89 = B
70 ‑‑ 79 = C
60 ‑‑ 69 D
50 ‑‑ 59 = E" which was notified on 27‑8‑1990 i.e. prior to the advertised last date for receipt of admission forms.
6. The Chairman, Admission Board‑ opting to enter appearance on his own volition took pains to explain the wisdom, rationale and impelling reason necessitating evaluation of the criteria for determining comparative merit equivalence viz. F.Sc. Pre‑Medical Examination conducted by the domestic Boards of Intermediate and Secondary Education as the minimum academic eligibility prerequisite for admission to a professional medical college, is based upon British pattern of educational syllabi and examination i.e. internal, external and descriptive system with 33% minimum pass marks and first division commencing 60% onwards, wherein scoring beyond the ceiling of 90% is imperceivable; against the American system based upon objective test where 100% scoring is possible even in subjects like English language; the minimum pass marks being 60% and goes up to 100%, further the syllabi only renders the students eligible for admission to a 4 years pre‑medical course and not to a professional medical school.
7. While the learned counsel for the petitioners contended that the equivalence certificate having been granted by the competent University authorities attained finality within the contemplation of Rule 23 ibid and rendering it subservient to the dictate of Admission Board is uncalled for; is violative of Article 37(c) of the 1973 Constitution; is a case of excessive delegation; the formula/criteria adopted by the Admission Board is arbitrary, discriminatory and unreasonable; petitioners' merit has been assessed ‑on the basis of lesser subjects while their indigenous counterparts have been evaluated out of 1100 marks, lastly the formula/criteria in question is not applicable to the petitioners since it was evolved subsequent to the publication of admission advertisement.
8. I am afraid, the arguments canvassed by the learned counsel for the petitioners suffer from misconception. Rule 23 ibid, text whereof in extenso for the sake of convenience of reference is reproduced hereinbelow:
Rule 23 :
"Candidates belonging to Punjab Province who possess qualifications equal to Intermediate (Pre‑Medical) in the subjects of Physics, Chemistry and Biology can apply for admission. Only those qualifications which have been declared equivalent to F.Sc. (Pre medical) by the relevant University for admission to the Medical Colleges of Punjab will be considered. .The equivalence of merit Will be determined by the Admission Board." prescribes bi‑fold exercise viz., eligibility equivalence in terms of syllabi for the within mentioned subjects of Chemistry, Physics and Biology to be considered by the University whereafter the applicants' comparative merit equivalence is to be determined by the Admission Board in keeping with the equivalence conversion formula/criteria evolved by the Board comprising seven Principals of the medical colleges with life‑time experience in the field to their credit, rationale whereof as explained by the Chairman of the Admission gold is well‑founded on the basis of reasonable classification. On that very count the contention of excessive delegation in the context of things stands repelled because the delegation of powers to the most experienced professionals with objectivity of purpose‑in mind appears to be well‑based instead of leaving it to the whims of bureaucratic apparatus in the Secretariat attuned to self propagation.
9. Likewise the argument qua alleged violation of Article 37(e) of the 1973 Constitution seems to have been advanced to oblivion of the fact that it contemplates achievement of collective public good in preference to individual advancement.
10. Similarly the contention as to evaluation out of different volumes i.e. 900 and 1100 is devoid of any substance when visualised in the light of the fact that while determining the comparative. merit equivalence requisite mathematical mechanism was adopted weeding out any possibility of prejudice being caused viz.
Wafa Rasheed petitioner
Subjects Obtained Equivalent
Marks/Grade Grade/Marks
Physics 79 C = 55
Chemistry 189 = 94.5% A = 75
Biology 182 = 91% A = 75
English 96 A = 75
Arabic 86 B = 65
345
345 X 1100 = 759 marks.
500
Mehnaz Ansar petitioner
Biology = A/B = 65
Chemistry = A/A‑ = 70
Physics = B+ = 65
English = A = 75
275
275 X 1100 / 400 = 756
11. Adverting to the last contention it suffices to observe that independent of the fact that the Prospectus both on the cover in bold letters as well as in Rule 6 thereof incorporates with particularity right to amend and Rule 23 ibid envisages Admission Board's power to determine the merit equivalence, the latter well before the last date for receipt of the admission forms not only formulated the formula but also notified the same prior thereto while scrutinising the prospectus for the admission in question, therefore, for all intents and purposes and for all and sundry concerned with the admission to a medical college in Punjab in every consumable sense of the word were bound by the same.
In view of the aforegoing, the petitions being devoid of any substance are hereby dismissed leaving the parties to bear their respective costs.
AA./M‑107/L Petitions dismissed.