ALTAF KHAN vs JOINT ADMISSION COMMITTEE through its Chairman, Khyber
This civil appeal arose from a petition seeking provisional admission to a medical college. The core legal question was whether a candidate who has satisfied the examination requirements, secured approval from the States and Frontier Regions Division (SAFRON), and achieved the top position on the merit list is entitled to provisional admission when the academic session at the primary institution has already concluded. The Supreme Court of Pakistan held that the appellant prima facie deserved provisional admission. Since the academic session at Khyber Medical College had already concluded while the session at Ayub Medical College was still ongoing, the Court directed Ayub Medical College to consider the appellant for provisional admission. The Court established the principle that where a candidate establishes a strong prima facie case on merit and administrative approval, the expiration of an academic session at one institution should not entirely foreclose admission if an ongoing session at a comparable institution can accommodate them.
- Whether a candidate who is placed at the top of the merit list and approved by the relevant authority is prima facie entitled to provisional admission?
- Can a court direct an alternative educational institution with an ongoing academic session to consider a candidate for provisional admission if the session at the primary institution has already concluded?
ORDER
SHAFIUR RAHMAN, J. ---Leave to appeal has already been granted on 4-10-1993. As the petitioner claims to have satisfied the condition of passing the two examinations and has been approved by SAFRON and placed at number 1 on the merit list, he deserves prima facie provisional admission.
2. As the session is over in Khyber Medical College but the session is continuing in Ayub Medical College, the petitioner/appellant shall be considered by the Ayub Medical College for provisional admission therein.
3. We are told, subject to verification, that in a similar case recently, provisional admission has been granted to a student (Mr. Roshan Zada) in the Ayub Medical College.
4. The contempt application to come up alongwith the main matter.