1. MALIK MANZOOR HUSSAIN, J.--- Through instant constitutional petition, the petitioner has questioned the order of the respondents, whereby the petitioner's name has been declared "OUT" from the merit list of reserved seats of District Shangla displayed on 11-10-2013. Also prayed for issuance of direction for declaring the petitioner as qualified for admission for first year MBBS and allow him admission at the seat of respondents Nos.4 and 5.
2. 2.Briefly, the facts of the case are that the petitioner applied for admission in MBBS for "reserved seats" for backward areas of Khyber Pakhtunkhwa for the session 2013/2014. The petitioner passed his entry test and as per provisional merit list dated 5-10-2013 he was declared qualified but thereafter in the final merit list dated 11-10-2013 the petitioner though was shown on top of the merit list amongst the District Shangla candidates, but was declared uneligible due to qualification from "outside" the backward area.
3. 3.The learned counsel for the petitioner contended that the impugned list of District Shangla dated 11-10-2013 whereby the petitioner has been declared "OUT" and the respondents Nos.4 and 5 were not only declared qualified but selected for admission was illegal, without justification, but discriminatory. He further contended that because of having obtained education from District Shangla, (except class 7th and 8th) the petitioner was entitled to be declared as successful candidate. He further contended that the petitioner was constrained to have education of class 7th and 8th outside the area due to Talibization and extremely Worst Condition in their native town which had forced them to migrate to Peshawar and continued his education.
4. 4.Arguments heard and record perused.
5. 5.The case of the petitioner relates to reserved seats allocated for backward area of District Shangla, for which the prospectus provide the following criteria:--- 2.(i)The candidates must have obtained education from class-I till F.Sc. (complete sessions) including SSC with science and F.Sc. Premedical from the institutions within the concerned backward areas of Khyber Pakhtunkhwa and have passed examination from the same institutions, provided such facilities exist in the area.
6. 2.(iv) In case any candidate who has obtained part of his/her education from outside the concerned backward area or area of domicile, provided such facilities exist, will not be considered as inside candidate.
7. 3.As per merit list issued on 11-10-2013 regarding Shangla candidates, petitioner along with two other candidates was shown to have been declared "OUT" while the other 8 candidates including respondents Nos.4 and 5 were declared "IN", that is why besides being on the top petitioner was not considered and the respondents Nos.3 and 4 were declared the successful candidates. The record annexed with the petition further depicts that the education facility in the area was available therefore out of 12 candidates 8 got complete education from class-I till F.Sc. within the concerned backward area while the 3 candidates including the petitioner failed to get the complete education from the concerned area thus were declared disqualified.
8. 4.It is now well-settled that the issue of "reserved seats" in educational institution in Khyber Pakhtunkhwa for backward area has been finally resolved on the principle laid down by the Hon'ble apex Court in Atteeya Bibi Khan's case 2001 SCM R 1161 wherein it has been settled that a candidate for one of the reserved seats of the backward area having obtained education from a place outside the district/Agency of the respective backward area cannot be considered at par with the candidates who received education from within the backward area or concerned area. Thus, keeping in view the reason of above mentioned judgment of apex Court as well as of this Court in the cases of Manzoor Ahmad Qurashi v. Joint Admission Committee 2005 PLD Peshawar 116, Khitam-ul-Haq v. Government of Khyber Pakhtunkhwa through Secretary Health 2013 YLR 1325 and Huma Saad v. Chairman, Joint Admission Committee Medical/Dental Colleges, Khyber Pakhtunkhwa, Peshawar 2012 CLC 891, the most essential consideration for admission on the reserved seats of backward area is that candidates should not only be domiciled of the area but have acquired total education therefrom. Furthermore we have noticed that the petitioner was estopped from challenging the policy of admission for the backward area, as he himself accepted the terms and conditions for admission under the said policy with his duly sworn affidavit. Under the doctrine of promissory estoppel, the petitioner was estopped to challenge any of the condition contained in prospectus in terms of Article 114 of Qanun-e-Shahadat Order, 1984, as he himself accepted the terms and conditions of admission policy while getting admission on the basis of reserved seats. Reliance in this regard is placed on the case of Secretary Economic Affairs Division, Islamabad v. Anwarul Haq Ahmad 2013 SCM R 1687.
9. 5.In view of the above observations, this petition is devoid of any force and is dismissed in limine.