1. SHAH NAWAZ KHANJ.-Miss Amtul Jamil Sami moved the Lahore High Court through an appeal challenging the order of the Chairman, Selection Committee, who, according to her, had no lawful authority to alter and change the rules and for giving preference to a candidate of `D" Category in violation of rule 21 of the Prospectus (1980-81) of the Medical Colleges in the Punjab. She contended that F. Sc. Second divisioners falling in category 'd' of rule 21 of the said Prospectus with N. C. C.
2. Training cannot compete with F. Sc. First divisioners falling in category `a' of the above-quoted rule.
3. According to her the grant of N. C. C. Marked to F. Sc. Second divisioner cannot change his/her division as it would amount to putting premium on the inefficiency of F.Sc. Second divisioner.
4. Mst. Amtul Jamil Samy, petitioner, is a B. Sc. First divisioner. And she had secured 602 marks in F. Sc.
5. Examination. Respondents Nos. 3, 4 and 5 who had respectively obtained 597, 595 and 588 marks were given admissions in King Edward Medical College, Lahore, in preference to the petitioner mainly on the ground that they had undergone training under the National Guards Act of 1973, and had obtained 20 marks each on that account. Those marks were added to the aggregate and in this way the total marks for merit of respondent No. 3 came to 617 and of respondent No. 4 to 615 and of respondent Nos. 5 to 608. The petitioner had till then not undergone the said training.
6. The High Court after examining the case and the relevant law on the subject dismissed the Inter- Court Appeal on the ground that by the addition of these 20 marks for N. C. C. Training, the respondents got more marks than the appellant with the result that they were brought in category `a' in which the appellant also competed. The preference given to the respondents, therefore, could not be set aside and the action of the authorities could not be held to be without lawful authority.
7. The same grounds have been agitated before us in this petition.
8. The petitioner does not contest the correctness of the Prospectus. It is also conceded that the petitioner and the three concerned respondents had all applied for admission under the Doctors Children Quota and they had sought admission in the medical college under para. 4 (ii) of the Prospectus for the year 1980-81. In rule 21 of the prospectus it is provided that selec--tion and admission to the M. B., B. S. Class will be made strictly on the basis of merit of F. Sc./B. Sc. The criteria for admission will be in the following order :-
(a) F. Sc. (Pre-Medical Group) (External A & B Grades), 600 marks or above.
(b) B. Sc. (with F. Sc.) (Pre-Medical Group) Ist Division.
(c) B. Sc. (Pre-Medical Group) (External C & D Grades) 450 marks or above.
(d) F. Sc. (with F. Sc. Pre-Medical Group) 2nd Division.
9. In para. 22 which relates to rules for working out merit of candidates, it is provided that the following marks shall be added or deducted from the total marks of the candidates in order to prepare the final merit list
(a) Add 20 marks for National Cadet Corps Training for a person who has completed the training or, having successfully completed not less than seventy-five per cent. Of the total training period and is still undergoing training.
10. There is a note there under and it reads:- "National Cadet Corps Training marks will be counted towards merit."
11. There is absolutely no dispute about the fact that the petitioner had not completed the training by the due date, and, therefore, by the addition of 20 marks for National Cadet Corps Training with aggregate marks obtained b each of the contesting respondents their numbers increased, and, therefore, by preparing the final merit list their names came above the name of the A petitioner.
12. In para. 24 of the Prospectus, it is provided that, "After the merit selection is over, the selection against the specially reserved seats for doctors' children will be made from the special merit list for the category of candi--dates". But here too the same principle will be applicable as provided in para. 21. Besides that the case of the petitioner rests on the Prospectus for admission which provides in para. 22 that 20 marks for National Cadet Corps Training shall be added to prepare the final merit list. Since the total marks of the respondents as adjusted by addition of 20 marks were more than those of the petitioner, they were given preference. These statutory provisions for boys and girls seeking admission in any institution of Advance Studies, are contained in section 35(c) of Act LXT of 1973 as amended by Ordinance IV of 1975. The concession of addition of 20 marks to the aggregate marks has been allowed to boys and girls if he/she has successfully completed the training envisaged.
13. It is unfortunate that a person with higher academic qualifications, may, under the circumstances, be not able to get admission in a medical college and persons with lesser educational qualifications secure admission on the afore--said ground, but it is for the authorities running the affairs of the State to decide and this Court notwithstanding its deep sympathies with the petitioner will not be able to say that the action of the authorities is without lawful authority. We find no force in this petition. It is, therefore, dismissed in limine.