' Reply has been filed. The learned counsel for respondents have put in appearance. Both the learned counsel are ready with their arguments. This case is being decided as a Pacca case.
2. Admitted facts, upon a reading of the plaint and the reply are that the petitioner passed his Intermediate Examination from Board of Intermediate and Secondary Education (BISE), Dera Gazi Khan. He was graded as A with 793/1100 marks. He filed two admission forms for admission to the course of Electric Engineering. One such form was filed for a seat on merit and the other for a seat on Self-Finance. The requisite charges including deposit of Rs,2,50,000 were made. He sat in Entry Test and according to the merit list his percentage was recorded as 67.523.
3. The grievance made out in this W.P. Is that under the Admission Policy framed by the respondent University 50% of the available seats are to be filled up with reference to open merit while remaining 50% seats are to be filled up on merit inter se the candidates passing their Intermediate Examination from BISE of Dera Ghazi Khan and Multan. It is being pleaded that the petitioner was not considered for these remaining 50% seats and that the merit was not determined in accordance with the said Policy. Result is that he was refused admission. Departmental appeal has also been dismissed.
4. The learned counsel for petitioner contends that admittedly the said policy has not been adopted on the wrongful assumption that the petitioner had not given his preference to be considered for the said reserved seats.
5. The learned counsel for the respondents, on the other hand, tried to argue that the matter was considered on merit in accordance with the said Policy and that the petitioner was not considered against the reserved seat because he had not given his preference.
6. It will not take too long to decide this matter. The respondents have, themselves, appended both the admission forms of the petitioner. Whereas, the FormR-II is for Special Admission Charges Seats. Form R-I clearly narrates that the first preference given by the petitioner was for the seats falling in B category. According to the Regulations Annexure-R-3 category-B seats are reserved for Multan and D.G. Khan BISE i.e, for candidates who have passed their Intermediate Exam. From the said Boards. I have noted above that admittedly the petitioner had passed his said exam. From BISE, Dera Ghazi Khan. This being so, it is established that the policy has been violated. The learned counsel for respondent then contended that the classes have started and the examination is about to be held. Whereas, the learned counsel for petitioner states that the petitioner wants to take chance and work hard to succeed in the examination.
7. I may note here that according to the merit list there are 19 seats while 22 boys are on this list including the petitioner, who is at serial No,22. At the same time I note that out of said 19 seats first 10 have been shown to have been filled as per inter se merit by the candidates, who had passed their Intermediate Examinations from BISE, Dera Ghazi Khan and Multan and elsewhere, whereas, against the remaining 9 seats 6 persons have been admitted, who did not pass their Intermediate Examination from the said Boards. There is no explanation for this apparent violation of the declared terms of the Policy i.e, '50% seats are to be reserved for the candidates from said BISE.
However, at this stage I am not inclined to interfere with the said admissions, when the said boys have been admitted and are near to completion of Ist Semester. However, at the same time, it is but admitted that the petitioner although being entitled to get admission has not been admitted on wrongful assumption that he had not applied for the reserved seats in the relevant category. It is for the respondents to make requisite arrangement in this behalf. The writ petition is accordingly allowed and a writ of mandamus is issued to the respondents to admit the petitioner in the course of Electric Engineering for the year 2004 immediately subject to payment of all the requisite charges or fee etc. In accordance with the Policy of the respondent. No orders as to costs.