Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed that respondents No.1 and 2 be directed to allow admission to her in MBBS Programme in Ghazi Khan Medical College D.G. Khan for the Session 2014-2015 over and above the candidates being at Serial No.71 to 100 in Selection List of the said Medical College already admitted having less aggregate percentage of marks as compared to the aggregate percentage of marks of the petitioner which stands at 85.6831%.
2. It is contended by the learned counsel for the petitioner that the petitioner appeared in entry test and secured aggregate percentage of marks i.e. 85.6831%. It is further contended that in aggregate she is above the candidates at Serial No.71 to 100 in the Selection List of Ghazi Khan Medical College, D.G. Khan, hence she is entitled for admission in that college.
3. On the other hand it is contended by the learned Additional Advocate General assisted by learned counsel for the respondents that the petitioner herself chosen the colleges for admission in MBBS namely Rawalpindi Medical College Rawalpindi, Sargodha Medical College Sargodha, Nawaz Sharif Medical College Gujrat and Punjab Medical College Faisalabad. It is contended that the petitioner is bound by the Prospectus of the said college particularly clause (c) which is as follows:- "(i) When filling out the application, every applicant has to rank the medical and dental colleges in order of preference, starting with his/her first choice. In other words, all eligible candidates are allowed to list up the full names of medical and dental colleges in the order that they would like to be considered for admission.
(ii) The order of preferences once given shall be final and cannot be changed subsequently. This condition is mandatory and neither any subsequent change is entertainable nor any exception will be made.
(iii) Starting with the first preference, applicants will be assessed and ranked according to the merit for each college. A computerized matching process will allocate applicants meeting the minimum merit requirements a place to the highest listed preference for which they are eligible.
(iv) Once offered a place to the highest listed preference, an applicant cannot demand admission to a college named lower in his/her preferred list.
(v) An applicant under no circumstances, shall be considered for a college, he/she has not named in his/her order of preference. The Admitting Authority shall not assign a college by itself if the alternate choices are not indicated.
(vi) Applicants are advised not to name their preferred college repeatedly in every space on the Admission Form. Similarly it is also pointless to name only one college. In either case, the applicant will receive a single place in the list for that college and it will not increase the chances of his/her being allocated a seat in that particular college."
It is further contended that the petitioner herself indicated four colleges in the Admission Form for admission in MBBS Programme and also gave an affidavit that she will be bound by the Rules, Regulations and Prospectus of the said college. Learned counsel for the respondents has relied upon clause (vii) of the Advertisement which is reproduced below:- {{URDU TEXT}} It is lastly contended by the learned counsel for the respondents that almost an year has passed and the academic session has ended and only the examination is to be held. He has prayed for the dismissal of this writ petition.
4. Heard. Record perused. It has been noticed by this Court that sub-clause (ii) of clause (c) of Prospectus of Ghazi Khan Medical College, D.G. Khan, reproduced above, reveals that the order of preference once given by the candidate while filling up the application form for admission will be final and it cannot be changed subsequently. It further reveals that neither any subsequent change is entertainable nor any exceptions will be made therein. It is apparent from the record that the petitioner herself chosen four colleges for admission in MBBS Programme namely Rawalpindi Medical College Rawalpindi, Sargodha Medical College Sargodha, Nawaz Sharif Medical College Gujrat and Punjab Medical College Faisalabad and subsequently when her name does not figure in the four colleges then her plea for admission at Ghazi Khan Medical College D.G. Khan is not entertainable as according to sub-clause (v) of clause (c), reproduced above, under no circumstances a candidate shall be considered for a college which he/she has not indicated in his/her order of preference. Under the said provisions of Prospectus the admitting authority was estopped to assign a college to the candidate when the alternate choices are not indicated. The petitioner has herself given affidavit that she is bound by the Prospectus and in such a situation now she cannot take a turn and say that she be admitted in the Ghazi Khan Medical College, D.G.
Khan for which she has not given any choice. Reliance is placed upon 2005 SCM R 961 wherein the Hon'ble Supreme Court of Pakistan has held as under:- "We have heard the learned counsel and have also gone through the relevant regulation. At the outset it may be noted that as far as the rules/regulations framed by the University Authorities for the purpose of conductive/ regularizing examination etc. of University are concerned these are required to be interpreted by the University Authorities itself and Court should avoid to interpret the same unless a case of grave injustice is not made out otherwise it would become difficult for University administration to run its internal affairs relating to examination, etc. Further, a perusal of Regulation 8(F) and its other parts clearly demonstrate that the petitioner was required to obtain
(CGPA) independently in each semester for the purpose of promotion to the next semester. As it has been pointed out hereinabove that the petitioner did not obtain requisite (CGPA) in the 3rd semester i.e. 2.00 (CGPA) therefore. University Authorities in exercise of power conferred upon them under Regulation 8(F) rightly removed his name from the roll. The learned ICA Bench after examining the case of petitioner in depth reached to the conclusion that he was required to obtain 2.00 CGPA in the 3rd semester, therefore, his name was rightly removed from the roll of University as impugned judgment is just and legal, therefore, no interference is called for by this Court in exercise of jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan."
Reliance is also placed upon 2013 YLR 1796, PLD 2011 Lahore 605, 2011 CLC 230 and PLD 2011 Lahore 555.
5. For what has been discussed above, this petition being devoid of any merit is hereby dismissed with no order as to costs.