THE PROVINCE OF THE PUNJAB through the Secretary, Health Department, Lahore and anothers vs UMM-E-RUBEH and others
This matter comes before the Supreme Court of Pakistan upon a petition filed by the Province of the Punjab against Umm-e-Rubeh and others regarding medical college admission. The core legal question involves the interim arrangement for the respondent's admission to a medical college pending the final disposal of her writ petition before the High Court. The Court records a statement made by the Additional Advocate-General, Punjab, providing that the respondent has been selected for admission under a self-financing scheme upon payment of required fees, with stipulations that her ultimate status would be adjusted based on the outcome of her pending writ petition—either being treated on merit if she succeeds or under the self-financing scheme if it is dismissed, without prejudice to the rights of the parties. Accepting this mutually agreed arrangement, the Additional Advocate-General does not press the petition. Consequently, the Supreme Court disposes of the petition in terms of the agreed interim arrangement.
- Can an interim arrangement for admission to a medical college be made pending the disposal of a writ petition?
- What is the effect of an admission granted under a self-financing scheme while a constitutional petition regarding merit admission is pending?
' ABDUL HAFEEZ MEMON,Muhammad Yawar Ali, Additional Advocate-General, Punjab, states as follows:--
(i) That respondent No,1, Umm-e-Rubeh, has also applied for admission to Medical College under self-financing scheme and she has been selected for admission, which will be given to her forthwith on her paying the required fees, etc., under the scheme.
(ii) That in case she ultimately succeeds in the writ petition filed by her, she will be treated to have been admitted in the Medical College on merit.
(iii) That in case the writ petition filed by her is dismissed, she will continue to be treated as having been admitted under the self-financing scheme.
(iv) That such admission of the respondents shall not be considered as admission under the impugned interim order passed by the learned High Court.
(v) That the above arrangement will be without prejudice to the rights of the parties after disposal of the writ petition.
2. Learned counsel for respondent No,1 accepts the arrangement in the terms stated above by the learned Additional Advocate-General.
3. In view of the above, the learned Additional Advocate-General does not press this petition. This petition is disposed of accordingly.