Miss TAHIRA AYYAZ vs PRINCIPAL, KHYBER MEDICAL COLLEGE, PESHAWAR And 2 Other
The petitioner sought leave to appeal against the order of the Peshawar High Court, which had dismissed her writ petition challenging the cancellation of her admission to the M.B.,B.S. course at Khyber Medical College, Peshawar for the 1994/95 session. The core legal question was whether her admission against a seat reserved for the children of Naval personnel was valid when she was not nominated by the competent authority, the Director Naval Education Services, Naval Headquarters, Islamabad, but rather by an officer who had merely recommended her in his personal capacity. The Supreme Court held that the cancellation of the petitioner's admission was lawful because the nominating authority was exclusively the Director Naval Education Services, and another candidate who was duly nominated by that competent authority was rightly admitted. The court established the principle that admission against a reserved institutional quota must strictly comply with nominations issued solely by the designated competent authority, and recommendations by unauthorized officers confer no legal right to admission. Consequently, leave to appeal was declined and the petition was dismissed.
- Whether admission against a reserved quota for Naval personnel is valid without nomination by the designated competent authority?
- Does a recommendation by an unauthorized officer confer a legal right to admission against a reserved institutional seat?
- Can the cancellation of an admission made without proper nomination by the competent authority be upheld by the courts?
ORDER
1. SH. RIAZ AHMAD, J.---Petitioner Miss Tahira Ayyaz seeks leave to appeal against the order passed by to learned Judges of the Peshawar High Court, whereby, writ petition filed by her challenging the cancellation of her admission in the Khyber Medical College, Peshawar for MB.,B.S. Course was dismissed. Brief facts giving rise to the institution of this petition are that the petitioner was admitted in the Khyber Medical College at Peshawar in the M.B.,B.S. Class in 1994/95's session against a seat reserved for the children of the Naval personnel. Subsequently, on 29-1-1995, Miss Rifat Hayat respondent No.3 was also admitted in the Khyber Medical College as a nominee of the Director Naval Education Services, Naval headquarters Islamabad on the swine very seat. Thus, the Principal, Khyber Medical College, Peshawar sought the clarification, and then it came to light that the petitioner had not been nominated by the Director Naval Education Services, Naval Headquarters Islamabad who was the competent Authority to nominate a candidate for admission against the reserved seat for the children of the Naval personnel. It further came to light that petitioner was nominated by one Qamar Hasham, a Captain in the Pakistan Navy who was also holding the office of the Director of Personnel Services. The aforesaid Qamar Hasham vide his letter, dated 8th of May, 1995 addressed to the Principal Khyber Medical College, Peshawar stated that he had only recommended the case of petitioner being the daughter of an ex-Naval personnel for consideration, and had not nominated her for admission against Naval quota. Facts of the case further revealed that the competent Authority to nominate the children of the Naval personnel was the Director of Naval Education Service, Naval Headquarters, Islamabad, that is why, Qamar Hasham rightly informed the Principal, Khyber Medical College, Peshawar that he had only recommended the petitioner in his personal capacity. On account of this legal position, the Peshawar High Court upheld the cancellation of the admission of the petitioner by maintaining that admission of respondent No.3 as a nominee of the Pakistan Navy suffered with no illegality. In fact, this was the only criteria to determine the legality of the admission, and thus, we find no reasons to make a departure from the view of the matter taken by to learned Judges of the Peshawar High Court. Consequently, leave to appeal is declined, and the petition is dismissed.