' Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought for setting aside the impugned order, dated 28-1-2004 passed by the Appellate Admission Committee of Bahauddin Zakariya University, Multan whereby the appeal filed by the petitioner for admission on the basis of Self-Finance Scheme was rejected.
2. Brief facts to the case giving rise to this Constitutional petition are that the petitioner applied for admission in Electrical Department of Bahauddin Zakariya University, Multan on the basis of Self- Finance Scheme. Subsequently the petitioner participated in the entry test and when did not find his name in the merit lists, he approached to the office for refunding of his advanced amount of Rs,2,50,000 whereupon he was asked by the concerned authorities that if he will not insist to refund, back his amount, he alongwith other five candidates will be accommodated by way of-exercising the discretion of Vice-Chancellor. The name of the petitioner was placed at the top of that five candidates. Consequently the University accommodated rest of five candidate except the petitioner whereupon the petitioner filed a Writ Petition No,4736 of 2003 before this Court which was dismissed on 11-12-2003 with the observation that the petitioner has not availed of the remedy of appeal before the Admission Appellate Committee, therefore, the writ petition is not maintainable, whereupon the petitioner preferred Intra-Court appeal which was also withdrawn as having been not pressed. Consequently, the appellant filed an appeal before the Admission Appellate Committee which was dismissed on 28-1-2004, hence the instant petition.
3. It is argued by the learned counsel for the petitioner that the impugned order is against law; that the decision of Appellate Admission Committee is illegal, unjust ultra vires and is liable to be set aside.
4. On the contrary learned counsel for the respondents strongly repelled the contentions of the leaned counsel for the petitioner contending that the instant petition is hit by the principle of resjudicata, therefore, the same merits dismissal.
5. Arguments heard. Record perused.
6. Record reveals that the Appellate Admission Committee of the University in its meeting considered the case of the petitioner but no irregularity was found in the admission process and all the admissions were granted strictly on merit and according to the policy of the University and ultimately found the claim of the petition as invalid. Moreover, as contended by the learned counsel for the respondents the instant petition is hit by the principle of resjudicata as earlier writ petition filed by the petitioner was dismissed by this Court vide order, dated 11-12-2003 which was challenged by the petitioner in ICA which was also disposed of as having been not pressed, therefore, the second writ petition on the same subject is not maintainable.
7. For what has been discussed above, I am not inclined to allow this petition which is hereby dismissed.