' SH. HAKIM ALL J-Through this writ petition, Mst. Mehvish, the writ petitioner has sought indulgence of. This Court in the following facts:- ' "Tersely the facts of the case are that writ petitioner had applied for being admitted in Dental Nursing Course commencing from 2004, in ; Dental Paramedical School, Nishtar Medical College Multan, on the basis of. Her qualification of Matriculation. She was admitted to that school vide letter dated 1-4- 2005. After having passed 1st year examination of the above noted course, an objection letter bearing No, 1734 dated 29-5-2007, was issued by Punjab Medical Faculty that the petitioner was not eligible for 2nd year examination because she had obtained 3rd division in her matriculation examination. To obtain the declaration that aforementioned objection dated 29-5- 2007 was illegal and unlawful, the instant writ petition has been filed in this Court. "
2. Learned counsel for the petitioner submits that after granting admission and having passed 1st year examination the future of writ petitioner cannot be tarnished by the respondents by making objection. Learned counsel further submits that there was no mala fide on the part of the writ petitioner while filing application form to get admission. She had declared in the form of her qualification of having obtained 375 marks in matriculation. Despite that she was granted admission and now when she was going to complete her study, objection could not be made by respondents On the basis of principle of locus poenitentiae. Learned counsel has supported his arguments by referring to 1997 SCM R 15 (Chairman, Selection Committee/ Principal King Edward Medical College, Lahore and 2 others v. Wasif . Zamir Ahmad) 2003 SCM R 410, (Director General, Ordnance Services, General Headquarters, Rawalpindi v. Muhammad Abdul Latif) and 2004 SCM R 1864 (Bashir Ahmad Solangi v. Chief Secretary, Government of Sindh Karachi and 2 others).
3. On the other hand, Principal, Dental Paramedical School, Multan, respondent No,3 and Muhammad Rashid, Admin Officer appearing on behalf of respondent No,2 have admitted these facts that the writ petitioner was granted admission and she had passed 1st year examination. It has also been informed by them that writ petitioner has already participated in 2nd year examination arid the result of it is still awaited.
4. Mr. Zafarullah Khan Khakwani, learrtfed A. A.G has appeared on Court's call but has not been able to defend forcibly the case of the petitioner. So, in these circumstances, when fault was lying with Admission Committee/Authority at the time of admission, who must have been shown the care and caution at that time while admitting the writ petitioner. After the Authority has granted such an admission and petitioner has passed her 1st year examination, it would be depriving the petitioner in the mid of her study course of two years out of which she has spent one year. She cannot be deprived at this stage. On the strength of principle of locus poenitentiae, judgment of Honourable Supreme Court of Pakistan, I accept this writ petition and declare objection form No, 1734 dated 29- 5-2007 issued by Punjab Medical Faculty, to be illegal and unlawful, consequently, the petitioner shall be allowed to continue with her study.