Miss BIBI FARZANA vs SELECTION COMMITTEE through Secretary, Principal
This is an appeal by leave against the judgment of the High Court of Baluchistan, which had dismissed the appellant's constitutional petition challenging the Selection Committee's refusal to grant her admission to the First Year class of Bolan Medical College, Quetta, against a reserved seat for District Pishin on the ground that she did not receive her education within the Province of Baluchistan. The core legal question was whether the residency and education requirements in the college prospectus could be applied to deny admission to the appellant when her siblings, who were similarly situated and educated outside the province, had been granted admission in professional colleges in Baluchistan based on previous judicial findings. The Supreme Court allowed the appeal, holding that the ground for declining admission was unsustainable given the identical circumstances of her siblings' admissions. The Court laid down the principle that educational institutions and selection committees cannot arbitrarily deny admission to an applicant on grounds that have been judicially declared unsustainable in identical circumstances involving direct family members.
- Whether an educational institution can deny admission to an applicant on the ground of studying outside the province when similarly situated siblings were granted admission against reserved seats?
- Can the Selection Committee rely on a ground for refusing admission that has already been held unsustainable by the Supreme Court in an identical case?
' AJMAL MIAN, J.---This is an appeal with the leave of this Court against the judgment dated 30-12- 1993 of the High Court of Baluchistan, Quetta, passed in Constitution Petition No,452 of 1993 filed by the appellant against the order of the Selection Committee declining her admission in the First Year class of Bolan Medical College, Quetta, against one reserved seat for District Pashing for Academic Session 1992-93 on the ground that she had not received her education in the Province of Baluchistan in terms of Para. 29 read with para.27 of the Prospectus of the above College, dismissing the same. .2. Leave to appeal was granted to consider, whether the impugned judgment could be sustained in view of the fact that the appellants' four brothers and one sister, who also received their entire education in Hyderabad, were granted admissions in the professional colleges in Baluchistan against the reserved seats for the residents of Pishin District, inasmuch as Aslam Zaib Khan, a brother of the appellant, was declined admission in Bolan Medical College on the same ground by the Selection Committee, which order was maintained by the High Court of Baluchistan but this Court through its judgment dated 21-6-1993 rendered in Civil Petition No,386 of 1992 filed by said Alam Zaib Khan, found that the above ground was not sustainable in view of the facts of the case and directed the official respondents to admit him in the next academic session.
3. Mr. Muhammad Munir Peracha, learned counsel for the appellant, has submitted that since two academic sessions have already expired, his client would be satisfied if the official respondents are directed to consider the appellant's application for admission in Bolan Medical College for the next academic session.
' Mr. M. Zafar, learned A.S.C. And Mr. M.K.N. Kohli, learned A.O.R. Are present for respondent No,4. None is present for the other respondents.
4. In the aforesaid petition for leave to appeal, the following has been concluded:-- "Since the petitioner's brothers and sister who had also studied outside the Baluchistan Province and were given admission in the Bolan Medical College on the basis of being bona fide residents of District Pashin, there appears to be no reason for declining admission to the petitioner under identical circumstances."
5. We see no reason to take a different view in the present appeal and, therefore, the same is allowed. The above ground for declining admission to the appellant by the Selection Committee and the High Court is not sustainable. We would direct that the appellant's application for admission in Bolan Medical College for the academic session 1995-96 should be considered in terms of the prospectus which may be issued, but the above ground on which the appellant was declined admission, would not be available to the official respondents. We would have ordered that the appellant's application for admission should be considered for the academic session 1994-95, but Mr. M.K.N. Kohli, learned A.O.R. For respondent No,4, has informed the Court that the admissions in Bolan Medical College for the above academic session, namely 1994-95, have been finalized inasmuch as final list has been published. We have, therefore, ordered for consideration of the appellant's application for admission in Bolan Medical College for the academic session 1995- 96.
6. The above appeal stands disposed of in the above terms. However, there will be no order as to costs.