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2009 YLR 1406

Syeda SABA BATOOL vs BAHAUDDIN ZAKARIA UNIVERSITY through Vice-

Citation2009 YLR 1406
CourtLahore High Court
Case No.Writ Petition No,6867 of 2008
Date2008-11-28
Judge(s)S. Ali Hassan Rizvi
ResultPetition dismissed

ORDER

' S. Ali HASSAN RIZVI, J.---The petitioner applied for M.Sc. (Economics) for admission on open merit in evening class and she was asked to deposit admission fee in the tune of Rs,20,670. She was allotted Roll No,12. Statedly, she joined the classes and secured 58% marks in the respective subjects, Thereafter, it was intimated that her admission has been cancelled being an over-age. It is prayed for and contended that the age for admission given in the prospectus is without any prescribed rules/regulations; that if these rules are framed even then are unreasonable, oppressive and devoid of any object; that no object of the respondent would serve if the limit of the age is fixed, therefore, the rule if any, be declared ultravires because the matter relates to the legitimate right of petitioner and the rules/ regulations are unreasonable and the interference of this Court is required to declare it as against the legitimate right of the petitioner and people.

2. After hearing to learned counsel at preliminary stage it transpires that despite advertisement and the prospectus issued for admission the age was given therein while the petitioner deposited the admission form in violation of the prescribed condition. It was also advertised that relaxation shall not be allowed in any case. The petitioner if in violative of these condition being overage which could only be found on scrutiny cannot be absolved on her part to ignore the condition.

3. As far 'as the prayer made to declare ultra vires the condition of the age is concerned, the policy maker cannot be interfered with to form the same at the convenience of one, which may to let suffer to others. The object of fixation of age as eligibility to get admission appear beneficial to the students at large. The impugned order cannot be interfered with by exercise of Constitutional jurisdiction of this Court. Dismissed in limine,

Cited by 2 cases

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