JAVED FAZAL vs JAVED IQBAL And 4 Other
This matter concerns a petition for leave to appeal against a High Court judgment that disqualified the petitioner from admission to an Engineering College against a reserved seat for the Kachhi District. The High Court had invalidated the petitioner's selection based on three grounds: his education outside the province without sufficient justification, the timing of his local certificate acquisition, and his failure to appear for the initial interview. Upon review, the Supreme Court noted that the Selection Committee had already accepted the petitioner's reasons for studying outside Baluchistan. Furthermore, the Court observed that the deadline for application submission had been extended, suggesting the petitioner's local certificate was obtained within the permissible timeframe, and acknowledged that the petitioner did appear for his interview on a subsequent date. Finding that the contentions raised required further examination, the Supreme Court granted leave to appeal and suspended the impugned High Court judgment, directing that the respondent be accommodated in the interim.
- Can a High Court disqualify a candidate for admission based on grounds already considered and accepted by the relevant Selection Committee?
- Does the extension of an application deadline validate the submission of supporting documents obtained before the extended date?
- Is a candidate disqualified from admission if they miss the initial interview date but appear on a subsequent date?
- Article 185(3), Constitution of Pakistan 1973
ORDER
ABDUL QADEER CHAUDHRY, J: --Leave to appeal is sought against the judgment of the High Court dated 9-5-1991.
2. The facts, briefly stated, are that the petitioner submitted an application for admission in Engineering College, Khuzdar against one of the reserved seats for candidates from Kachhi District.
The petitioner was selected by the Selection Committee and according to the learned counsel, he attended the class for over eight months. The respondent No.1 filed a Constitution Petition challenging the selection of the petitioner. The petition of respondent No.1 was accepted and a direction was made that the respondent No.1 be admitted to the Engineering College. The High Court disqualified the petitioner on the grounds, namely (i) he got education outside the Province without assigning the reason that it was beyond his control; (ii) he obtained local certificate on the last date of submission of application; and (iii) he did not appear before the Selection Committee for interview on the first date. The Selection Committee has accepted the reasons furnished by the petitioner for studying outside Baluchistan. The date for submission of application was extended upto 22-2-1989, therefore, prima facie it escaped the notice that he obtained local certificate before the last date of submission of application. It is also admitted by the learned Advocate- General that the petitioner did appear for interview on a subsequent date.
3. The contention raised in this petition requires examination.
Leave is granted.
In the meanwhile, the impugned judgment is suspended with the condition that respondent Javed Iqbal, as undertaken by both the learned counsel, will be accommodated in the same manner including casual arrangements.
Cited by 2 cases
- Mst. SALEHA IBTISAM vs CHAIRMAN, ADMISSION COMMITTEE, PAKISTAN KING 1995 CLC 259
- (Mst.) SALEHA IHTISAM vs CHAIRMAN, ADMISSION COMMITTEE, PAKISTAN KING K.L.R. 1995 Civil Cases 380