' The petitioner is working as Senior Instructor (Chemical Department) in BS-18, in Government College of Technology, Multan. He applied for admission in second year B-Tech Course for the Session 2002-03, on 19-8-2002, through proper channel.
2. The classes of the aforesaid Session are commencing from first week of September, 2002.
3. Grievance of the petitioner is that respondent No,2, is not issuing the N.O.C. And respondent No,6, has committed irregularity in granting admission to respondents Nos.7 and 8 who do not fulfil the criteria for admission in that course inasmuch as the former does not possess three years' experience from any industrial concern, which was a pre-requisite qualification and that merit of respondent No,8 was lower than that of the petitioner.
4. Prayer in the writ petition is that a direction be issued to respondent No,2, for issuing N.O.C. To the petitioner and respondent No,6, be directed to place the name of the petitioner in the merit list, prior to the names of respondents Nos.7 and 8 and to grant him admission in the said course.
5. Petition is opposed by the respondents. Arguments heard, writ petition, its annexures, comments submitted by respondent No,6 and its annexure perused.
6. Annexure appended with the comments of respondent No,6, is notice published in daily Nawai Waqt for inviting applications for this course wherein conditions for admission are also stated. It is mentioned therein that applications of in service candidates should be accompanied by N.O.C.
Issued by the Appointing Authority.
7. Annexure "G", is merit list compiled by Admission Committee in respect of candidates who applied for the said course. In the said list name of the petitioner is at serial No,27 and in the column of remarks it is mentioned that application is incomplete. According to comments submitted by respondent No,6, (Chairman Admission Committee), interview was held on 28-8- 2002 and petitioner's application was rejected because N.O.C. Was not annexed with it which was legal requirement and it was the responsibility of the petitioner to produce the deficient document.
As per admission notice all required documents were to be furnished with the application before the last date fixed but till date the petitioner did not produce the N.O.C. From the relevant quarters, therefore, he was not considered for admission.
8. Under Article 199 of the Constitution direction cannot be issued to respondent No,6, to do anything which he is not permitted by law to do i,e, to grant admission to the petitioner without N.O.C.
9. Petitioner cannot claim N.O.C. As of right neither it is the statutory duty of respondent No,2, to issue N.O.C. In favour of the petitioner. A direction cannot be, therefore, given to respondent No,2 to issue N.O.C. In favour of the petitioner. Petition is accordingly dismissed.