ALI BAQAR NAJAFI, J. - Through this writ petition, the petitioner seeks a direction to respondent No. 1 to include the name of the petitioner in the merit list of the seats reserved for the disabled student of the sessions 2012-2013 and be admitted in the medical college.
2. The brief facts giving rise to filing of this writ petition are that the petitioner had passed his matriculation examination in the year 2010 and obtained 879 marks out of 1050 and was awarded grade-I; that he also passed F.Sc. Examination in the year 2012 obtaining marks 789 out of 1100 and was awarded grade-'A'; that as the petitioner is suffering bilateral 'Congenital Talipes equinovarus'
(CTEV) and was declared as such by the medical authority whereafter he appeared in the entry test under roll No. 654314 for getting admission in MBBS on the basis of disabled seats quota and obtained 603 marks out of 1100 on the basis of aggregate percentage obtained in Metric, F.Sc. He scored 64.47% which was only go get the admission in MBBS in 'any medical college as there are 20 seats for disabled students for the sessions 2012 and 2013. The. Respondents No. 2 and 3 according to the list secured less aggregate percentage than that of the petitioner, but respondent No. 1 did not consider the petitioner as a disabled student. Hence this petition.
3. Learned counsel for the petitioner submits that the petitioner has already been declared by the medical authority on the basis of which he applied and scored the aggregate for admission in the medical college; that the petitioner qualifies all the terms and conditions for admission in MBBS; that Articles 4 and 25 of the Constitution of the Islamic Republic of Pakistan, 1973 protect the petitioner and this Court in its Constitutional jurisdiction may grant the relief as prayed for. Places reliance on 2003 CLC 67, 2001 UC 114 and 1997 U,C 375 in support of his contentions.
4. Conversely, learned counsel for the respondent on the basis of the report and parawise comments submitted that the Prospectus for admission requires that the seats for disabled students are reserved and being filled up on the basis of inter se grounds of disabled students; a certificate from a government certified specialist as per specimen given in the prospectus will have to be produced before the Medical Board constituted by the Chairman Admission Board while making final decision about the seats of the candidate for admission against the reserved seats and the decision of the Medical Board shall be final, the petitioner appeared before the Medical Board but was recommended as "not disable" on 15.11.2012.
5. I have heard the learned counsel for the parties and perused the record.
6. The certificate of disability dated 8.11.2012 issued by the Medical Superintendent DHQ Hospital Rawalpindi was pre-requisite for applying before respondent No. 1. This certificate was to be adjudged by the Chairman Medical Board. Vide letter dated 15.11.2012 the petitioner was recommended as "not disable". This fact was concealed from this Court and as such the petitioner approached this Court with unclean hands. Even otherwise the petitioner has neither challenged the said medical board nor its findings in this Constitutional petition. Needless to state that any findings given by the Medical Board cannot be substituted by the order in exercise of the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The citations relied upon by the learned counsel for the petitioner are not applicable to the facts of this case. In this view Of the matter, this writ petition fails and is dismissed accordingly. .