INAYATULLAH vs PAKISTAN THROUGH THE SECRETARY OF
The petitioner, a Junagadh State subject, sought admission to Dow Medical College, Karachi, against a seat reserved for Junagadh State. He challenged the Ruler of Junagadh's failure to nominate him, alleging that the selection process was arbitrary and ignored academic merit, as other candidates with lower marks were nominated. The High Court dismissed his writ petition, holding that the nomination process was within the absolute discretion of the Ruler and that no specific rules mandated nomination based solely on merit. Upon appeal, the Supreme Court of Pakistan examined the relevant administrative directives governing the reserved seats. The Court held that the directives required nominations to be made by the relevant authority (the Ruler) without imposing a mandatory requirement to select candidates based on academic merit. Consequently, the Court affirmed that the Ruler possessed absolute discretion in the nomination process, and the judiciary could not interfere with the exercise of that discretion in the absence of a legal duty to act otherwise. The petition for leave to appeal was dismissed.
- Does the Ruler of Junagadh State have absolute discretion in nominating candidates for reserved seats in Dow Medical College?
- Is there a legal requirement for the Ruler of Junagadh State to nominate candidates for reserved medical seats based solely on academic merit?
- Can the High Court interfere with the nomination process for reserved seats if no specific rules governing the selection criteria are shown?
ORDER
1. WAHIDUDDIN AHMAD, J.-The petitioner, who is a Junagadh State Subject and has passed B. Sc.
2. (Medical Group) in the 'year 1969 in the First Division appliedto the Ruler of Junagadh State to recommend his naive to one of the reserved seats for Junagadh State in the Dow Medical College, Karachi. His manic was not forwarded to the Government of Pakistan in the Ministry of Health. The petitioner's grievance is that a mannerist the names which have been forwarded to the Government by nomination, on merits he should have been nominated by respondent No. 5 against one of the four seats to be flied up Toy the Ruler in the Dow Medical College. He, therefore, filed Writ Petition No. 49 of 1970, which was dismissed by a Division Bench of the West Pakistan High Court, Karachi Bend on the 31st March 1970. The High Court held that they cannot interfere is the matter as it was the sole discretion of the Ruler to nominate any candidate who, according to him, was deserving. It further observed that they were not shown any rule by which the nomination to be made by the; Ruler is to b; guided in any particular manner. The petitioner seeks permission to file an appeal against Vie said order. ---Candidates seeking admission against seats reserved for Junagadh and Manawadar shall apply to the Ruler of his state concerned who will forward their nomination to the presidents secretariat and only those candidates shall be admitted against the seats reserved for these two states whose nominations are received from that secretariat. The presidents secretariat shall direct the nominated candidates together with the applications and all necessary document directly to the principal Administration of College concerned under advice to the Health Department Government of West Pakistan.--- The learned counsel for the petitioner contended that the above mentioned clause does not give absolute discretion to respondents No.5. According to him respondents No.5 was bound to respondents No.2 for being considered for admission on the basis of merits and status. The learned counsel further contended that the petitioner has passed intermediate Science(Medical Group)
3. Examination in the year 1967 in the 2 division having obtained 518 marks. He therefore strongly contended that the names of the following students have been recommended on arbitrary ground:-
(1) Siraj Ahmad Qureshiinter-Science 510 marks
(2) Miss Sikandar Jehan inter-Science 487 marks
(3) Iqbal Ahmad Lodhiinter-Science 544 marks
(4) Abba Umer inter-Science 487 marks (All Second Division)
4. The contention of the learned counsel has not impressed us because he has failed to draw our attention to any direction which requires that the Ruler of the Junagadh State was to recommend the names of the students on merits. This is quite clear from the letter of the Ministry of Health reproduced in the judgment of the High Court, reserved seats were to be filled according to the recommendation of the parties or authorities con--cerned and the remaining seats were to be filled in on the basis of mertis. The High Court, therefore, was perfectly justified in observing that there was no duty cast on the Ruler to nominate the candidates according to the merits. In our opinion, the Ruler has absolute discretion in the matter and the High Court very rightly refused to interfere with his discretion. There is no force in the petition which is dismissed.