1. ' AJMAL MIAN. J.-Through this petition the petitioner has prayed for the following reliefs :- "The petitioner, therefore, prays that the Hon'ble Court be pleased to declare that the petitioner is entitled to be admitted to the Ist Year Class of M. B., B. S. Course of the Sind Medical College, Karachi or in the alternative to the Dow Medical College, Karachi on the basis of merit in accordance with the prevailing rules relating to such admission and that the failure of the said respondent to so admit him to the M. B., B. S. Course is without lawful authority and the Hon'ble Court be further pleased to direct the Respondents 1 and 2, their officers all others serving under them by an appropriate Writ/Order to admit the petitioner to the M. B., B. S. Course of the Sind Medical College, Karachi or in the alternative at the Dow Medical College Karachi and further the said Respondents 1 and 2 "and all their officers and others serving under them be directed to refrain from interfering with such studies of the petitioner for the M. B., B. S. Course, directly or indirectly or by any act or omission."
2. The brief facts leading to he filing of the above petition are that the petitioner applied for admission in the first year of M. B., B. S. In Dow Medical College for the academic year 1979/80, on the basis of his having passed G. C. E. From the Cambridge University as well as from London University and also the Intermediate Science (Pre-Medical Group) examination from the Board of Intermediate Education, Karachi. However, the petitioner was refused admission as his adjusted marks in intermediate examination were 636 whereas the last student, who was granted admission had 641 marks. Thereupon, the petitioner took up the matter with the Secretary, Government of Sind through his mother inter alia through a letter dated 20th April, 1980 (Annexure F to the petition) wherein it was pointed out by the petitioner's mother that the petitioner had secured 636 marks (including N. C. C. Marks) in Inter Science and that in his Cambridge examination he had secured 67% marks on the basis of conversion of the grades into marks by the Board of Intermediate Education, Karachi vide their certificate (copy of which was enclosed with the letter), which was equivalent to the Matric 1st Division and therefore, the petitioner was entitled to 5 marks under the prospectus of M. B., B. S. And B. D. S. For Medical Colleges of Sind for 1979/80. Upon the receipt of the above letter the Section Officer of the Government of Sind (Health and Social Welfare Department) through his letter dated 29th April, 1980 addressed to the Principal Dow Medical College requested him to decide the petitioner's case as per rules. Since the petitioner's above request was not acceded to, the petitioner has filed the present petition in which he has sought the reliefs quoted hereinabove.
2. ' On 27th August, 1980 when the case came up for regular hearing, we heard the learned counsel for the parties at length, but during the arguments at the request of Mr. Muhammad Ibrahim Memon, learned A. A.-G. Sind, we adjourned the case in order to enable the respondents to file a counteraffidavit, which was not filed by them. After that the respondents have filed their counteraffidavit, in which it has been stated that according to Rule 17 (b) (i) a candidate can only be given 5 marks if he has passed Matriculation examination in 1st Division, and as the petitioner had obtained 3rd Division in his G. C. Examination he was not given 5 additional marks, and as such he could not be selected as per rules. However, it has been admitted by the respondents that the total adjusted marks obtained by the petitioner are 636, and whereas the last candidate selected for admission had obtained 641 marks.
3. The sole question which requires consideration is, as to other the petitioner is entitled to additional 5 marks as per rule 17 (b) on the basis of the fact that upon conversion of grades obtained by him in G. C. E. Into marks as per formula adopted by the Board of Intermediate Education and the University of Karachi, his percentage of marks comes to about 67%, which is more than 1st Division marks for Matriculation. It may be pertinent to refer to rules 17 and 19 of the prospectus which read as follows :- "17. Rules for working out merit of candidates.-(a) Merit for admission shall be determined on the total number of marks secured in Inter Science or B. Sc. Examination as the case may be.
(b) The following marks shall be added or deducted from the total marks of the candidates in order to prepare the adjusted merit marks for final merit list. This addition or deduction shall not alter the Division of the candidates :-
(i) Add 5 marks if the candidate has pass Matriculation Examination in First Division.
(ii) Add 20 marks for service rendered under National Cadet Corps Scheme subject to the production of requisite certificate under the National Guards Act.
3. 1973.
(iii) Deduct 5 marks if candidate has appeared , a. Second time. In Inter Science or B. Sc.
4. Examination in order to improve his/her Division.
5. Explanation : -In case a candidate does not clear Inter Science Examination within the minimum period required for passing the same after passing Matriculation Examination, every additional year or part of a year beyond this period shall be treated as his her attempt for the purpose of deducting marks irrespective of his/her having not appeared in the examination in such year.
(iv) It may be further clarified that for the loss of each extra year or part of a year, 5 marks shall be deducted from the total marks.
(v) Same rules shall apply if a candidate fails to dear B. Se. Examination within the minimum period required for passing such examination after Matriculation.
(vi) In case the adjusted marks of two or more candidates are equal, the candidate securing higher marks in the Matric examination shall be ranked higher in merit for purpose of admission. If the matric marks are also equal, only then the candidates elder in age shall be ranked higher in merit.
6. 18, ......................................
19. A candidate would be considered to have secured the Division that has been conferred on him/her or declared for him/her by the Board/University. However, the actual merit of the candidate within the Division/Grade awarded shall be fixed according to the formula given in para 17 above '
7. 4.- -(a) It has been urged by Mr. Aziz Munshi, learned counsel for the Petitioner that since the Petitioner's marks after conversion from grades in to marks are more than 1st Division marks in Matriculation Examination the Petitioner is entitled to the benefit of above-quoted rule 17 (b) (f), whereas it has been urged by Mr Muhammad Ibrahim Memon that in view of the above-quoted rule 19, the Petitioner's division cannot be changed from third division into Ist Division by virtue of the conversion of grades into marks. It was also urged by him that the formula on the basis of which the Petitioner's grades have been converted into marks is in fact applicable to the cases of students, who have passed High Cambridge School Certificate 'Examination and not to those students who have passed G. C. Examination.
(b) It may be pertinent to take up the second contention of Mr. Muhammad Ibrahim Memon first before dealing with the above main contention. In this regard reference may be made to annexures and DO, to the memo of Petition and Annexure A to the rejoinder. Annexure D Is a grade equivalency certificate dated 23rd March, 1980, issued by the Board of Intermediate Education (Dr. Mrs. M. B. Siddiqui, Foreign Students Advisor for Secretary) converting the grades obtained in the various subjects into marks in respect of G. C. Examination passed by the petitioner from the University of Cambridge. In the above certificate it has also been certified that the Petitioner has obtained 67% marks overall after conversion of G. C. Grades into S. S. C grades and that Matriculation 1st Division at Karachi Board is 60%. Whereas annex= D/I, is another grade equivalency certificate dated 2nd January, 1980, issued by the Board of Intermediate Education in respect of the G. C. Examination passed by the Petitioner from the University of London. According to the above certificate the Petitioner had obtained overall 66% after conversion of G C. Grades into S. S. C. Grades. This was also certified that the Matriculation 1st Division at Karachi Board is 60%.
8. Reverting to annexure A to the rejoinder filed by the petitioner, it may be observed that it is a certificate dated 18th May, 1980, issued by the University of Karachi .(Deputy Registrar, Academy) counter-signed by the Registrar of the above University. It may be advantageous, to reproduce the same which reads as follows : "Registrar University of Karachi University Road, Karachi-32 (Pakistan)
9. Dated 18th May, 1980.
10. TO WHOM IT M AY CONCERN For purposes of conversion of the Higher Cambridge School Certificate Examination/GCE Examination grades into Pakistani Intermediate grades, the existing formula is as under :- #TBS (Sd.)
11. Deputy Registrar (Academic) #TBE A = 90 B = 80 D i. 65 E _..., 55 F . Fail. #TBS the following formula is #TBE If the grades are given in numbers then observed : 1 ' 95 2 90 3 Mt 85 4 = 80 5 .. 75 6 et 70 7 a. 65 8 = 55 9 ...t Fail.
12. Note : The above formula is followed currently and no revision has been made so far.
13. (Sd.)
14. Registrar University of Karachi, Karachi, 30th August, 1980.
15. ' From Annexures D and D/1 to the Petition it is evident that the grades obtained by the petitioner have been converted into marks on the basis of the formula adopted by the Board of Intermediate Education. However, on the basis of Annexure A to the rejoinder it was urged by Mr. Ibrahim Memon learned A. A.-G. That this certificate relates to the conversion of grades into marks in respect of Higher Cambridge School Certificate and not in respect of G. C. Exam. Grades. In or view the above contention is devoid of any force inasmuch as after the words "Higher Cambridge School Certificate Examination" there is a stroke and after the stroke the words "G. C. Exam. Grades" have also been written and therefore, it covers the Higher/School Certificate as well as G. C. Exam. The above conclusion also gets support from the two certificates issued by the Board of intermediate Education Annexures D and D/1, referred to hereinabove. Mr. Ibrahim Memon was unable to point out any other formula/criteria which has been adopted by the Board of Intermediate Education or by the University of Karachi for converting G. C. Examination grades into marks. In this view of the matter the above contention of Mr. Muhammad lbramim Memon is untenable.
16. 5.-(a) Reverting to the above first contention that the petitioner is not entitled to 5 additional marks under rule 17 (b) (i), it may be observed that Mr. Muhammad Ibrahim Memon has invited or attention to the School Certificate issued by the University of Cambridge (Annexure C to the Petition) containing the detail of the subjects and the grades obtained by the petitioner in the G. C.
17. Examination, particularly the words "in division III." On the basis of the above words it has been vehemently urged by Mr. Memon that in view of rule 19 the petitioner's division cannot be changed.
18. Whereas Mr. Aziz Munshi has invited or attention to Annexure C/I, which is G. C. Certificate issued by the University of London and which does not contain any division. It has been urged by Mr. Aziz Munshi that since the G. C. Certificate issued by the University of. London does not contain any division, it cannot be Urged by the respondent that the petitioner has passed his examination in division III.
(b) It is an admitted position that division is determined on the basis of the percentage of marks obtained by a student. It is also an admitted position that according to the formula adopted by Board of Intermediate Education and the University of Karachi upon conversion of grades into marks the petitioner's percentage of marks is more than 1st Division of Matriculation examination.
19. Para. (vi) of rule 17 quoted hereinabove, provides that in case the adjusted marks of two or more candidates are equal the candidate securing higher marks in the matriculation shall be ranked higher in merit for the purpose of admission, etc. It may be noted that the above para (vi) does not speak of a division in the Matriculation Exam. But refers to marks. If we were to accept the interpretation which has been canvassed by the learned A. A.-G. It would render the above Para redundant. It may be pertinent to take an example, namely, suppose the petitioner and another Matriculate candidate might have equivalent adjusted marks in Intermediate Examination ; there might have been a tie between the two candidates. The other student might have passed his Matriculation examination in 1st Division, but might have only 60% marks whereas the petitioner would have 66/67% converted marks, in that event by virtue of the above para. (vi) the Petitioner would have been entitled to admission in preference to the aforesaid student as his converted marks would have been more than the other student.
(c) It seems that reference to the Board/University in rule 19 quoted hereinabove has a reference to Boards and Universities function in in Pakistan and has no bearing to the foreign Universities/Boards. The prospectus in questions does not contemplate conversion of grades into marks and, therefore, nothing was provided for meeting the situation of the nature in issue. In or view if the conversion of grades into marks is permissible on the basis of the formula adopted by the Board and the University of Karachi, in that event a candidate whose marks upon such conversion from grades works out 60% or more than 60%, should be given the benefit of 5 additional marks under para 17 (b) of the prospectus. We are inclined to take the above view as it will be in accord with rule 17 (b) (vi) referred to hereinabove. Furthermore, rule 19 itself provides that the actual merit of the candidates within Division/Grade awarded shall be fixed according to the formula given in rule 17. In the instant case G. C. E. Certificate issued by the University of London does not contain any division, and, therefore, the provisions of rule 19 would not be attracted to.
6. The next question which arises for consideration is, as to the relief which the petitioner is entitled to. The petitioner has not impleaded any student who may be affected on account of the acceptance of the above Petition. However, according to Mr. Aziz Munshi, learned counsel for the petitioner, one student by the name of Hassan Faraz, son of Zafar Faraz had expired after having been granted admission by the respondent No. 1, and, therefore, his seat is lying vacant. Whereas it has been urged by Mr. Memon that if 5 additional marks are to be added to the Petitioner's adjusted marks of 636, in that event there may be some other students who may be having more marks than the petitioner on the basis of the conversion of grades of G. C. E. Into marks. We do not wish to prejudice the right or interest of any student who is not a party to the above petition, and, therefore, we shall grant declaration to the effect that the petitioner is entitled to 5 additional marks by virtue of rule 17 (b) (i) and that the respondents shall consider his application for admission for the vacant seat, if any lying, as per rules after adding 5 additional marks.
20. ' We, therefore, allow the Petition to the extent mentioned hereinabove, but there will be no order as to costs.