1. TARIG JAVAID, J. - This writ petition is directed against refusal of migration of the petitioner from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medical College, Multan. The petitioner was admitted to 1st year M.B.B.S, for session 2007-2008 on self-finance basis, however she was enrolled in sessions 2008-2009, that too, on a direction issued by this Court, It is maintained that the petitioner being financially hard pressed is finding difficult to pursue her education at Sheikh Zaid Medical College, Rahimyar Khan and thus filed an application for migration to Nishter Medical College, Multan where her family resides and thereby she had a chance to reduce her expenses by living with the family. An application was filed by her for migration from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medical College, Multan and she was informed that in order to succeed she needed to be upgraded. As under the rules, migration from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medical College, Multan, was otherwise not permissible.
2. However, she was informed that a vacancy at Nishter Medical College does exist. She approached the Nishtar Medical College for migration and up-gradation. The 1st year of M.B.B.S, course session 2007-2008 was completed by the petitioner. The petitioner filed an application for her up- gradation to the Principal, Nishter Medical College, Multan, who informed her that the process of admission/up-gradation to 1st year M.B.B.S, course (session 2007-2008) was completed by the Chairman Admission Board/Vice-Chancellor, King Edward Medical University, Lahore. Therefore, Principal, Nishter Medical College, Multan has no role in the process of admission/up- gradation except informing the concerned authorities regarding the vacant post. She filed another application to this effect before the Principal/Vice-Chancellor, King Edward Medical University, Lahore and was informed that the admission of 1st year M.B.B.S, for the session 2008-2009 had been made by the University of Health Sciences, Lahore, therefore, she was advised to approach the University of Health Sciences, Lahore. On her application to University of Health Sciences she was informed that she belongs to the medical admission session 2007-2008, which was held by King Edward Medical College, Lahore, therefore, University of Health Sciences has no record of admissions. She was also informed that for session 2008-2009 there are no seats for up-gradation or migration, It was also said that the migration was to be carried out either by King Edward Medical College or by Government of Punjab, Health Department itself and the University of Health Sciences, Lahore had no role to play in this case.
2. Para-wise comments were filed by the respondent No. 3 wherein it has been maintained that the application was not proper, under the law, in case a seat falls vacant the next candidate in the waiting list is to be offered the admission. However, it has been completely ignored by the respondents that the case of the petitioner was not for a fresh admission rather for a migration in the second year. If a seat falls vacant in the second year a new student could have not been admitted.
3. The perusal of the para-wise comments as well as the letters annexed with the comments shows that the respondents have not applied, mind to the application of the petitioner. The letters referred to above are re-produced hereunder:- "No. 10039/KEMU/2009, dated 30.5.2009.
3. From The Vice-Chancellor, King Edward Medical University, Lahore.
4. To Mr. Saghir Ahmad Qureshi, Qureshi General Store, Doctor Latif Ullah Chowk, Mumtaz Abad, Multan.
5. Reference your application dated 20.5.2009.
6. The admissions of First year M.B.B.S, class for the session 2008-2009 have been made by the University of Health Sciences, Lahore. You may, therefore, approach to the Vice Chancellor/Chairman Admission Board, University of Health Sciences, Lahore.
7. Sd/- (PROF. MUHAMMAD ZAFAR ULLAH KHAN)
8. VICE-CHANCELLOR KING EDWARD MEDICAL UNIVERSITY, LAHORE.
9. No. KEMU/2009 dated /2009 A copy is forwarded to the Vice- Chancellor/Chairman Admission Board, University of Health Sciences, Lahore for information.
10. (PROF. MUHAMMAD ZAFAR ULLAH KHAN)
11. VICE-CHANCELLOR KING EDWARD MEDICAL UNIVERSITY, LAHORE.
12. UNIVERSITY OF HEALTH SCIENCES LAHORE.
13. University Road, Lahore -54600, Pakistan.
14. Ph: 042-111 -33-33-66 Fax: 042-9230870 Vice-Chancellor Ref: UHS/DME/09/153 Monday, June 22, 2009 Mr. Saghir Ahmad Qureshi, Qureshi General Store, Doctor Latif Ullah Chowk, Mumtaz Abad, Multan.
15. Subject: Admission of Ms. Madeeha Saghir.
16. Please refer to your letter No. Nil dated nil on the subject cited above, In this connection you are informed that Ms. Madeeha Saghir belongs to the medical admission session 2007-2008 which was carried out by KEMU and as such UHS Lahore does not have any record of that admission.
17. From session 2008-2009 there are no seats in any medical college on self-finance basis. Up- gradation/migration of this candidate is to be carried out either by KEMU or the Govt, of Punjab in Health Department itself as the, case may be. UHS Lahore has no role to play in this case.
18. Yours sincerely, Sd/- Prof. M.H. Mubbashar, Hilal-e-Imtiaz, Sitara-e-Imtiaz, MB, FRCP, FCPS Psych, FRC Psych, DPM, Chairman Admission Board/Vice-Chancellor, University of Health Sciences, Lahore.
19. C.C.To: Secy. Health, VC KEMU, Lahore Principal, NMC Multan Principal, SZMC RYK"
20. IN THE LAHORE HIGH COURT. MULTAN BENCH, MULTAN Writ Petition No. 5567/2009 Mst. Madiha Saaheer Quryshi (Petitioner)
21. VS. GOVERNMENT OF THE PUNJAB, ETC. (Respondents)
22. REPORT on behalf of Respondent No. 4.
23. Respectfully submitted that no para of this petition relates to the Principal, NiShtar Medical College, Multan (Respondent No. 4) as the process of admission/up-gradation to 1st year course (session 2007-08) was completed by the Chairman Admission Board/Vice-Chancellor, King Edward Medical University, Lahore, The Principal, Nishtar Medical College, Multan (Respondent No. 4 has no role in the process of admission/up-gradation except informing the concerned authorities regarding the vacancy position. Nishtar Medical College, Multan is only concerned with teaching of the students after being selected by the Chairman Admission Board.
24. Sd /- PRINCIPAL NISHTAR MEDICAL COLLEGE MULTAN (Respondent No. 4)
25. Through:- Haji Muhammad Aslam Malik Advocate, Supreme Court.
4. The perusal of the above letters show that the respondents have not applied mind to the facts of the case. The petitioner, who is seeking migration from Sheikh Zaid Medial College, Rahim Yar Khan to Nishtar Medical College, Multan has not been given any satisfactory reply. Admittedly a seat is vacant and a student is seeking migration. The question of up-gradation shall only operate if there are more candidates and lesser number of seats, In this case, there is only one candidate, who is seeking migration and there is one seat, therefore, question of up-gradation is of no avail to the respondents, as even if the candidate is not up-graded the seat shall go vacant, which means that the tax payer's money is being spent without any benefit to the citizen. If the only objection of the respondents is that there is no seat on self-finance basis then it is all the given reason that the petitioner should be adjusted against the regular seat, which is available. The refusal to allow the migration is not only, detrimental to the citizen it is also detrimental to the tax payers whose money is being spent without deriving any benefit there from. This petition is allowed and the respondents are directed to allow the migration to the petitioner from Sheikh Zaid Medical College, Rahimyar Khan to Nishtar Medical College, Multan on vacant seat. No order as to costs.