Educational institutions

  1. Admission in MBBS — students qualified — notification issued after preparation of merit list wherein seats were detected from the quota of districts and refugees and reserved on self-finance — challenge to — Held: taking out seats of medical colleges from quota of districts and refugees after preparation of merit list, where appellant and proforma-respondents, attained merit position for admission in category of quota, deprives such students of admission on the basis of merit position which is not  recognized by law — after attaining the merit position a right has vested in the students and they are entitled to get admission against seats reserved in their respective quota — the act of deducting seats from quotas of district and refugees in each medical college amounts to depriving such students of their accrued rights which is against the spirit of fundamental rights guaranteed by Constitution — Further held: notification dated 23.10.2013 to the extent of reservation  of 10 seats in each medical colleges on self-finance basis is violative of law. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (P)
  2. —Mohi-ud-Din Islamic Medical College—PMDC Regulations 2013—PMDC letter dated 31.5.2012—promotion of students in next professional year— Through letter dated 31.5.2012 PMDC intimated the Principal that a student who fails in any subject in annual examination shall be allowed to attend the next class till supplementary examination— if he fails to qualify, he will be relegated— Principal failed  to intimate the students the true position— allowed them admission in next classes, and received fees— students are entitled for adjustment/refund of fee under PMDC Regulations— If the four chances have not already been exhausted then the students be admitted in first professional on the fee already received. Saima Noor & others v. Mohi-ud-Din Islamic University & others 2017 SCR 25 (D)
  3.                 —Admission in LLB—the minimum qualification is B.A with 2nd division — the application of candidate was rejected on the ground that he is lacking the required qualification i.e 2nd division in B.A. the contention of the candidate is that he is an M.Sc. with 1st  division, which is a higher degree, thus, he was eligible for admission in LL.B. Rejection of his application on the ground that he is B.A. 3rd  division, is illegal— and there is no restriction for admission if a person is in possession of a higher degree. Held: if the contention is accepted, than admission policy promulgated by the competent authority will become redundant. Vice Chancellor & others v. Azeem Dad Khan 2017 SCR 1111 (A&B)
  4.                 —- Admission —Academic matter—interference by Court— The law is well-settled that when the university has taken a decision contrary to the Statute or the rules arbitrarily, depriving a person from the right to admission, then the Courts do interfere in the process of admission but where the admissions have strictly been made in accordance with the policy or the rules, the Courts cannot substitute the opinion reached at by the admission committee or the university authorities. Vice Chancellor & others v. Azeem Dad Khan 2017 SCR 1111 (C) 2012 SCMR 1841 rel.
  5. —Nomination of seat for B.SC. Pre-Engineering course— criteria of eligibility for seats reserved for backward areas — The nomination policy in the Azad Jammu & Kashmir was enforced through the instructions/notification issued on 5th November, 2009-On 17th April, 2014, an amendment was effected in the said policy, that for nomination against the seats reserved for Neelum/Leepa Valley, a condition incorporated in the policy for the benefit of those who have completed their studies from the local institution— purpose behind the notification is to increase the rate of education and bring the students living in the backward area at par with those who have an opportunity to study in the urban area in a better atmosphere. That is why, special condition for receiving education from local institution has been imposed. Fida Anwar vs Aqib Javid & others 2018 SCR 814 (A)
  6. —The policy notification was issued on 17.4.2014, whereas, the candidate got admission in F.Sc. part 1st from the college of urban area on 10.10.2015. Subsequently he obtained migration to Govt. Degree College Leepa of backward area, and did his F.Sc. Part –II —Subsequently, he improved his marks as late college students under the relevant policy, he could not be declared as a regular student—Therefore, he was declared private student and placed amongst the similar candidates of the same district. Fida Anwar vs Aqib Javid & others 2018 SCR 814 (B)
  7. —Admission for B.Sc. Pre-Engineering—against reserved seats for backward areas, i.e Neelum/Leepa valley — Criteria of eligibility for the reserved seats for the backward area were required to have passed Intermediate examination from local area as a regular candidate—the candidate in this case did his first Part of FSc. from the College of other than the local area of residence and subsequently obtained migration to the college of local area for achieving the benefit on the basis of notification dated 17.4.2014. Therefore, it cannot be said that he has completed his FSc from a local institution. Fida Anwar vs Aqib Javid & others 2018 SCR 814 (C)
  8. —Admission in B.SC. Engineering— seats reserved for backward areas for the students who received their whole education from the local institution—Held: that preference cannot be given to the candidates who have partly studied in non-local institutions  vis-a-vis  to  those  who  have  received  their  whole education from the local institutions. Fida Anwar vs Aqib Javid & others 2018 SCR 814  (D)
  9. —Policy notification dated 12.9.2017—Admission in M.B.B.S/B.D. S —reserved seats in the different medical colleges of Pakistan— Clause 13—under notification if a candidate has been nominated against a reserved seat and he/she has abandoned his/her first seat then his/her admission against another seat can only be considered when the seat abandoned by him/her is utilized by the Nomination Board by nominating another candidate from next below in the merit. Ayesha Mukhtar v. Secretary Health &  others 2019 SCR 679 (A)
  10. —Admission in M.B.B.S—appellant nominated against one of the reserved seats in Bolan Medical College Quetta—- she also got admission —Later on, she abandoned her seat— the seat left by her not utilized by the Nomination Board— again appeared and qualified the entry test—–She nominated for admission in Ayub Medical College Abbottabad —She obtained admission after depositing the dues—after discovery of her previous position, her nomination was cancelled. Held: the seat abandoned by the appellant, was not utilized by any of the State subjects, therefore, the admission of the appellant, rightly cancelled by the joint admission committee. Ayesha Mukhtar v. Secretary Health & others 2019 SCR 679 (B) PLJ 1994 SC (AJK) 33 rel
  11. — The right to seek admission in an educational institution and continue studies, therein is always subject to rules—a student who intends to pursue his studies in the Institution is bound by such rules. Secretary Health & another versus Muhammad Latif & 5 others 2021 SCR 693 (B)
  12. — professional colleges, seats are allocated on basis of regional quota—judicial notice — it is in our judicial notice that seats are reserved in professional colleges on the basis of District quotas as well as the other categories. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (K)
  13. — Nomination Board — Nomination Policy dated 05.11.2009 — admission notice dated 04.08.2022 — condition No.5 — condition No.5 of admission notice makes it mandatory for the students to apply directly and the admission cannot be granted mere on the ground of filing application before Nomination Board — this condition is in consonance with nomination policy, according to which for admission against the reserved seats, one of the required mandatory documents is proof of provincial entry test — as per admission notices and nomination policy, appearance in the entry test was the mandatory —Mohattar Bashir Mughal versus Azad Govt. & others 2023 SCR 760 (B)
  14. — the standard and quality of education — upgradation of schools — directives to Govt. — rule of ‘Quality’ over ‘Quantity’ must be kept in mind before taking any steps for upgradation of schools — there is a desperate need of raising standard and quality of education — it is utmost importance to prioritize the effective functioning of existing institutions — the lack of basic and necessary facilities, such as non-availability of buildings, necessary equipment and teaching staff, poses significant challenges and impedes the provision of quality education to the student — it is incumbent upon the authorities to take swift and decisive action on an emergency basis to address the deficiencies and enhance the department’s efficiency — consequently directives issued: AJK BISE & 2 others versus Leading Book Publishers & 33 others 2023 SCR 974 (E & F)
  15. — directives to Govt. for standard and quality education. See AJK BISE & 2 others versus Leading Book Publishers & 33 others 2023 SCR 974 (F)
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