Pakistan Case Law
2004 SCMR 1570

Mian MUHAMMAD AFZAL vs PROVINCE OF PUNJAB and others

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Citation2004 SCMR 1570
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 513/L of 2002
Date2002-07-01
Judge(s)Rana Bhagwandas and Tanvir Ahmed Khan
Authored byRana Bhagwandas
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against a Lahore High Court judgment that dismissed a writ petition challenging the 25-year maximum age limit imposed for admission to medical colleges in Punjab. The petitioner contended that his academic qualifications created a vested right to admission, which the age restriction infringed upon. The Supreme Court of Pakistan examined the challenge and held that the petitioner did not acquire a vested right to admission in an M.B.B.S. course merely by completing F.Sc. with Biology and Science subjects. Furthermore, the Court determined that educational authorities are not debarred from prescribing maximum age limits for admission, as this constitutes an administrative policy decision. The Court affirmed that superior courts are generally reluctant to interfere in such policy matters. Relying on the precedent established in Sultana Khokhar versus The University of the Punjab (PLD 1962 SC 35), the Court concluded that the petition lacked merit and dismissed it, upholding the authority of the government to set admission criteria.

Questions settled in this judgment
  • Does completing F.Sc. with Biology and Science subjects create a vested right to admission in an M.B.B.S. course?
  • Are educational authorities empowered to prescribe a maximum age limit for admission to medical colleges?
  • Should superior courts interfere with administrative policy decisions regarding admission criteria for educational institutions?
medical college admissionage limitvested rightadministrative policyjudicial revieweducational admission criteria

ORDER

' RANA BHAGWANDAS, J.---The petitioner seeks leave to appeal against the judgment, dated 31-12- 2001 of the Lahore High Court, Lahore, dismissing Writ Petition No,21740 of 2001 filed by him.

2. Petitioner impugned the condition fixing 25 years as the maximum age limit for a candidate to seek admission in the Medical Colleges of Punjab in the latest Prospectus but he was non-suited, hence this petition for leave to appeal.

3. We have heard learned counsel for the petitioner and examined the impugned order which enunciated correct position of law. Petitioner by getting admission in F.Sc with Biology and Science subjects neither A acquired any vested right to admission in M.B.B.S. Nor were the authorities debarred from prescribing maximum age limit for admission to such course of studies. This is purely an administrative matter relating to policy decision of the Government with which the superior Courts are always reluctant to interfere. In our view, there is no merit in this petition and the High Court has rightly referred to the dictum of this Court in Sultana Khokhar versus The University of the Punjab, through its Registrar (PLD 1962 SC 35), which clinches the issue under controversy.

4. Resultantly, the petition fails and is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 17 cases

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