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P L D 2003 SC 163

ABDUL BAQI AND OTHERS
V/S
MUHAMMAD AKRAM AND OTHERS

Constitution of Pakistan (1973), Arts. 22(4), 25, 37 & 38–
r/w Prospectus of Bolan Medical College 2000-2001 Para 7-Brief facts giving rise to instant petitions are that in pursuance of Prospectus of Bolan Medical College, Quetta for the year 2000-2001 petitioners and private respondents being bona fide local/domicile students applied for admission in the first year M.B.B.S., professional against the seats allocated as per the provisions paragraph 7 of the Prospectus, it may be noted that as per the scheme of this paragraph the Government of Balochistan has allocated seats in the College on the basis of open competition, however, with a distinction that 70% seats were reserved for those students who got their education (Matriculation and F.Sc.) from outside their native Districts and 30% were allocated for those candidates who got their education (Matriculation and F.Sc) from their native districts. The respondents did receive education outside their native districts but could not compete on merits against 70% seats, whereas the petitioners got admission on 30% reserved seats as they had passed F.Sc Examination from their native districts. The petitioners were admitted in the Bolan Medical College and they have started receiving education but in the meanwhile the respondents challenged their admissions principally on the ground that of 30% seats out of the total seats for the students who heave qualified their Matriculation and F.Sc Examination from their native Districts is discriminatory, unreasonable and irrational. The petitioners contested the petitions on various grounds. A learned Division Bench of Balochistan High Court issued Writs against them as well as official respondents by means of impugned judgment. As such instant petitions have been filed.

It is to be observed that prior to present paragraph 7 incorporated in the Prospectus of Bolan Medical College for the year 2000-2001 candidates used to get admission on the basis of reserved quota district-wise except few seats which were earmarked for provincial merits basis but on the pronouncement of judgment in Mst. Attiyya Bibi Khan (ibid) and also taking into consideration admission of review petition referred to hereinabove the Government of Balochistan allocated seats for admission in Bolan Medical College by creating two different classes under the different circumstances namely 70% seats were earmarked for those candidates who got their education from outside their native districts and 30% seats were allocated to those candidates who got their education (Matriculation and F.Sc) from their native districts. There is rational behind the distribution of seats viz. 30% and 70% namely majority of the students to manage their education including Matriculation and F.Sc from outside their native districts like Quetta etc., where more congenial educational atmosphere is available on account of which they receive education in altogether different circumstances comparing to the students who for lack of sufficient financial means receive their education including Matriculation and F.Sc within their native districts under less congenial educational atmosphere and facilities like far-flung areas of Dera Bugti etc. It is an admitted fact that the students for whom 30% seats have been allocated fall in that class/category who are left with no option but to receive education in their native districts n account of financial compulsion or some other social reasons, therefore, the allocation of the seats at the rate of 70% and 30% was made keeping in view the intelligible differential because it was all the ore necessary to accommodate those students who had received education in less congenial educational atmosphere and for such reason they cannot compete with the students who had received education of Matriculation and F.Sc in a better and renowned educational institutions situated in urban areas like Quetta etc. It may be noted that majority of students for whom 30% seats have been allocated belong to rural area, therefore, there were sufficient basis or reasons to create two classes for admission in Bolan Medical College one for those students who have passed their Matriculation and F.Sc. Examination from outside their native districts for the reasons mentioned hereinabove and the other for those who have received such education within their native districts. Thus we are of the opinion that the classification on intelligible differential was struck in accordance with the pronouncement made by this Court in the cases of Mst. Attiyya Bibi Khan (ibid) and Shireen Raza and others (ibid). Therefore the learned Division Bench of Balochistan High Court had wrongly declared paragraph 7 of the Prospectus as ultra vires the provisions of Articles 22(4), 25, 37 and 38 of the Constitution. [p. 165,166, 169 & 170] A & F.

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