Admission in Medical Colleges

Entry test — Before introduction of entry test the merit was to be determined keeping in view total marks obtained by a candidate in consideration of quota reserved for districts in AJ&K and refugees settled in Pakistan — Since the introduction of entry test, it was necessary that a candidate seeking nomination must pass both the entry tests held in Punjab and N.W.F.P. — Nominations are made in accordance with merit determined by Nomination Board and the merit determined by the Punjab and N.W.F.P. after taking entry test — It is also the policy of the Nomination Board to take into consideration the best marks obtained by any candidate out of two entry tests held in Punjab and N.W.F.P. initially to Medical Colleges in consideration of this admission policy determined that admission would be given to a candidate provided he passed any of the entry test — Policy was changed and it was declared mandatory for admission to pass the required entry test in respective province — Policy in AJK remained unchanged in this regard — AJ&K Government has to make nominations in Medical Colleges in different provinces of Pakistan and before that it is not certain that which candidate would be nominated for which College — Therefore a uniform policy was framed to avoid any confusion which required that entry test in Punjab and N.W.F.P. shall be mandatory and highest marks in any of the entry test shall be considered for nomination. Ambreen Zeb and 3 others v. Misbah Manzoor & 12 others 2003 SCR 326 (A)
The AJ&K Government through a notification dated April 2, 1986 laid down nomination procedure, called as “The Instructions for nomination” — The instructions do not visualize any rules which may provide for the entry test or determining the merit in accordance with best marks obtained in either of the two entry tests held in Punjab and N.W.F.P. — It is a pre-condition for nomination that a candidate must have to pass both the entry tests and the best marks obtained by him in either of the two entry tests will be considered for determining his merit — Held: The Nomination Board shall incorporate the policy adopted in respect of entry tests held in Punjab and N.W.F.P in the notification issued by the Government in the year 1986. Ambreen Zeb and 3 others v. Misbah Manzoor & 12 others 2003 SCR 326 (B)
Admission policy — Known as ‘the Instructions’ — Entry tests — Nomination on the basis of best out of the two entry tests was framed — All the conditions framed by the Medical Colleges could not be made applicable for framing admission policy by the Nomination Board AJ&K — Medical Colleges in different provinces of Pakistan had their own admission policies — Rule 17 of the prospectus of Fatima Jinnah Medical College Lahore was applicable to the candidates applying for nomination which was also found in the said prospectus that the same was not applicable to the AJ&K Nationals. Maryam Yousuf v. AJ&K Nomination Board and 8 others. Maryam Yousuf v. AJ&K Nomination Board and 8 others 2003 SCR 335 (A)
Quota for Army personal in Sindh Medical College Karachi was conditional — Admission of respondent against Army quota was cancelled on nomination of respondent by AJ&K Nomination Board in Fatima Jinnah Medical College Lahore — She had a lawful right to be nominated against the seat reserved for Muzaffarabad District — Admission against Army quota in Sindh Medical College Karachi could not be held a bar for nomination by the Nomination Board even if the same was in existence. Maryam Yousuf v. AJ&K Nomination Board and 8 others 2003 SCR 335 (B)
Nomination policy — Discrimination — It is not certain that a candidate would be nominated for which college of the province of Pakistan and sometime special seats reserved in a particular college in absence of any candidate also go to the general pool and nominations are made in accordance with merit — Conversely the candidates apply against general seats and special seats as well — Therefore a uniform policy was framed for all the candidates whereby it was held mandatory that all the candidates shall appear in both the tests i.e. Punjab and N.W.F.P. and would be nominated on the basis of best out of two entry tests — Held: The question of discrimination does not arise at all. Shiraz Ahmed Bhatti v. AJK Nomination Board 2003 SCR 532 (A)
— seats reserved for admission in Medical College— for Neelum and Leepa Valleys— Govt. Policy Notification dated 17.04.14—right and eligibility of students— against such reserved seats—only those who completed intermediate from local institution of the areas-as regular student–It has been provided in the said policy that only those candidates will be eligible for nomination against the seats reserved for Neelum and Leepa Valleys, who would have completed their Intermediate education as a regular student form the local institutions of the areas. Umair Khan v. AJ&K Government & others 2017 SCR 980 (A)