' Guards Act, 1973 (Act LXI of 1973), as amended by Act LVII of 1975, he was entitled to 20 marks.
Applications for admission in Medical Colleges were invited and the last date was 2-2-1980.
Petitioner submitted an application on 29-1-1980 for admission alongwith a certificate that "He has been under N. C. C. Training from September, 1978, to 28th January, 1980, and he will be awarded a Certificate after passing out parade which is to be held on 9-3-1980". The certificate was signed by Sub. Suleman Khan, Incharge, Training Team No,
95. The office dealing with the application pointed out to the petitioner that the certificate was not signed by the Authorized Officer and the petitioner, then, obtained a certificate from the Authorized Officer which was submitted in the office on 15-3- 1980. The certificate stated that the petitioner "has been under training from September, 1978, to March, 1980, that his attendance were positive at least 75% and that he is eligible for the N. C. C.
Certificate. The passing out parade of the students has been conducted and he has qualified." On 24-4-1980, the petitioner submitted the Formal Certificate issued by the Director, National Cadet Corps & Women Guards. The students whose forms were not complete or in order were called for interview on 15-5-1980. However, the petitioner was not so-called. The result of admissions was declared in June, 1980. The petitioner was not given admission on the ground that the N. C. C.
Certificate was submitted late. The petitioner has filed this Constitutional petition.
2. Learned counsel for the petitioner has contended that the petitioner had filed a certificate for having completed the requisite. N. C. C. Training alongwith the application and submitted adapter and Formal Certificate before the selection. If the authorities had not issued the Formal Certificate earlier, it was no fault of the petitioner. Moreover, the learned counsel contended that his merit was to be calculated at the time of the decision and not earlier. It is submitted that if 20 marks were added to the original marks, as it should have been, the petitioner's marks would have been 678 and the petitioner admitted into a Medical College. Learned counsel has referred to Habibur Rehman v. Government of Pakistan etc. (1), to contend that a certificate subsequently issued and produced before the selection has to be taken into account. He also referred to Shoaib Dastgir v.
The Government of the Punjab through Secretary Health, Civil Secretariat etc. (2), to contend that the merit of candidates for admission in Medical Colleges has to be determined on the date of selection and not at the time of putting in applications.
3. Learned Assistant Advocate-General contended that the petitioner has not impleaded the candidates who have been given admission and are likely to be affected and, therefore, the writ petition is not competent. He has also contended that according to the Government policy, rules for working out "the merit for candidates for admission into 1st Year M. B., B. S. Class will include N. C.
C. Marks but if N. C. C. Training has not been completed before the last date fixed for inviting the applications and submitted after the date of the submission of applications would not be accepted." Learned Assistant Advocate-General submitted that since the Certificate for having completed N. C. C. Had been submitted by the petitioner after the submission of the application, the certificate could not be counted for awarding 20 marks.
4. In reply, the learned counsel for the petitioner has stated on the instructions of the petitioner, who is present, that the petitioner is not {{FOOT NOTE}}
(1) 1979 SCM R 121 (2) PLD 1979 Lah. 559 {{FOOT NOTE}} ' interested in disturbing anybody who has been given the admission and that he may be given his due merit and admitted at the end of the selected candidates. It is stated that although the petitioner would be entitled to get admission in Faisalabad Medical College, the petitioner is prepared to go to the next and the last Medical College in the series, i. e., Quaid-e-Azam Medical College, Bahawalpur.
5. I have heard the learned counsel for the parties and perused the record with their assistance. It would appear from the statement of facts made above that the petitioner had filed a certificate of having completed the N. C. C. Training alongwith his application/admission form in time. The defect if any of signing of-the certificate not by the Incharge but by the Authorized Officer was also removed and Formal Certificate submitted before final selection. A little technicality has been made a fetish of deprivation. Merit has to be calculated for admission with reference to facts and reality. 'If these exist at the relevant time but the certification thereof which is not in the hands of the candidate follows subsequently, the candidate cannot be punished for the acts of others. In this view of the matter, the petitioner's application for admission was rejected without lawful authority. It is, therefore, directed that the petitioner shall be admitted into a Medical College where his merit would warrant or in the last College in the series, i. e. Quaid-e-Azam Medical College, Bahawalpur, for which the petitioner and the counsel agree. In the circumstances, this petition is allowed but in view of the fact that the respondent-authority No. 1 is an educational institution, there shall be no order as to costs.