2016 GBLR 250

UBAID-UR-REHMAN MUQADDAM Versus GOVERNMENT OF GILGIT-BALTISTAN

Citation2016 GBLR 250

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Dr. Rana Muhammad Shamim, C.J., Javed Iqbal and Shahbaz Khan

ORDER

1. DR. RANA MUHAMMAD SHAMIM, C.J.--- The instant petition has been arisen out of the impugned judgment in Writ Petition No. 15/2016 dated 22.03.2016 passed by the learned Chief Court Gilgit-Baltistan.

2. The brief facts of the case reveal that the petitioner applied nomination against the reserved seats in the Medical Colleges of Punjab, AJK and KPK for the academic year 2015-2016. The answering respondents vide their provisional selection list nominated the name of above petitioner in Punch Medical College Rawala Kot AJK but his name was dropped in the subsequent list. The final list of nomination was made impugned by one Waqar Ali Shah through Writ Petition No.153/2015 before the learned Divisional Bench of Gilgit-Baltistan Chief Court, wherein the concerned department along with eleven (11) other candidates who were duly nominated in different institutions against the reserved Medical seats were arrayed as respondents.

3. The learned counsel for the petitioner submits that the petitioner in pursuance of the judgment dated 12.01.2016 passed by the learned Gilgit-Baltistan Chief Court also filed Writ Petition No. 15/2016 with the prayer that the petitioner may be treated equally among equals which upon hearing was dismissed vide judgment dated 22.03.2016. The petitioner feeling aggrieved and dissatisfied filed this petition for leave to appeal before this court. This court vide its order dated 19.04.2016 granted leave to appeal.

4. We have heard the learned counsel for the petitioner at length, perused the record of the case file and gone through the impugned judgment dated 22.03.2016 passed by the learned Gilgit-Baltistan Chief Court as well as the judgment dated 12.01.2016 passed by the learned Gilgit-Baltistan Chief Court.

5. The petitioners admittedly qualified on merit amongst 11 others, however 11 were adjusted against the allocated quotas of Punjab, Azad Jammu and Kashmir (AJK) and Khyber Pukhtunkhwa (KPK) for the academic years 2015-2016. Whereas he was deprived of admission in MBBS though he was placed equally among equals.

6. Since the matter pertains to the career of a student, we partially allow this petition with the direction that the Government of Gilgit-Baltistan without affecting the reserved seats quota of Medical Colleges for the year 2015-2016, the petitioner may also be adjusted/ accommodated by requesting Chief Minister Punjab in any Medical College of Punjab in the year 2016-2017 sessions. This court appreciates the Punjab Government in accommodating the students of this region in Medical Colleges, Engineering, IT and Agriculture and other Universities. We trust that in case Gilgit-Baltistan Government approaches to the Hon'ble Khadim-e-Ala Punjab and requests him for such admission of the petitioner in the next session, he would be surely got-admitted.

7. This petition is disposed off in above terms.

8. HBT/75/GB Order accordingly.