IJAZ ANWAR, J.---It is claimed by the petitioner that he got admission at Jinnah Medical College, Peshawar for the Session 2009-2010. He started his studies and passed 1st Year MBBS to 4th professional in due course of time. He after passing 4th professional was promoted to final professional MBBS.
2. Ever since his admission, the petitioner is regularly paying the college fee along with other dues, moreover, he has cleared all dues with exception of Rs,3,91,780/-, the break up table is given below:- YearFee paid by the petitionerCollege Fee Structure 1st Year Rs,5,25,000/- Rs,5,25,000/- 2nd Year Rs,4,00,000/- Rs,4,95,000/- 3rd Year Rs,5,25,000/- Rs .4,95,000/- 4th Year Rs,5,25,000/- Rs,4,95,000/- Final Year.Rs .2,00,000/- + Rs .1 ,57,200/-Rs .4,95,000/- Grand totalRs,23,32,200/- Rs,25,05,000/- It is further alleged that the remaining amount in the above table is Rs,1,72,800/-. Furthermore the repetition fee demanded by respondent No,2 is Rs,1,80,000/- while the FBR tax is demanded by respondent No,2 amounts to Rs,38,980/-, adding the whole amounts to Rs,3,91,780/- which remain outstanding against the petitioner. The petitioner approached respondent No,2 for clearance of his outstanding amount of Rs,3,91,780/- but was surprised whin accounts section of college disclosed that he has to pay more than Rs,1.9 million which really shocked the petitioner. The respondent No,2 is blackmailing the petitioner as his final year examination is commencing from 29.3.2016 and by doing so the respondent No,2 is pressurizing the petitioner for illegal and unjustified fee.
3. The respondent were issued notices, they entered appearance and submitted their comments.
As an interim relief vide order sheet dated 28.7.2016, the petitioner was allowed to participate in the examination at his own risk and costs. The respondents in their comments have taken the stance that petitioner applied to the respondent No,2 for seeking admission in MBBS on a Category Pakistani or Foreigner Seat. As per KMU Rules of Examination no student is eligible to appear in the Examination unless cleared all the outstanding dues. Further submitted that petitioner was admitted on Foreign Seat on payment of Rs,800,000/- per year instead of Rs,14,00,000/- as the admission committee agreed to give relief to the petitioner on request of his elders. That the contents are incorrect and misleading, because the petitioner is a defaulter in payment of Tuition Fee, repetition charges in 3rd year classes, late Fee charges, withholding tax and total amount comes to Rs,17,54,133/-.
4. Learned counsel for the petitioner argued that the respondents are overcharging the petitioner, over above the fee structure agreed at the time of allowing admission to the petitioner, he referred to different provisions of PMDC Ordinance, 1962, Regulations, and contended that the respondent No,2 is liable to be proceeded by the PMDC, for violating the fee structure given in the Regulations of 2013. He also referred to his admission form, which according to him was subsequently tampered and admission of the petitioner was shown on foreign seat.
5. The learned counsel for the respondents on his turn referred to the admission form and contended that he was infact allowed admission against foreign seat in order to accommodate him as there was no seat for admission in open merit, hence he is bound to pay the admission fee and dues applicable to foreign students.
6. Arguments heard and record perused.
7. The petitioner was allowed admission on- foreign seat. It seems that at the time of admission, the petitioner was favoured as he could not find his place in open merit keeping in view his merit position. Admittedly, there is separate fee structure for the students allowed admission in open merit and for those who got admission on foreign seat. The above contentions of the petitioner stood rebutted by his own application dated 5.10.2010, wherein he requested that he will deposit the remaining tuition fee for final year MBBS.
8. The representative of the respondents present in court also produced the original admission form and we found no insertion or manipulation. It is true that under the Admissions in MBBS and BDS courses and Conditions for House Job/Internship/Foundation Year Regulations, 2013 and the PMDC Regulation, 1962, seats allocated from foreign shall be filled only from amongst the foreigners, who meet the criteria given in the Regulations.
9. Under regulation as 5(2)(c) ibid the quota admission can be allowed to a local student on a foreign seat, if it is left vacant. It seems that at the time of admission, the petitioner was favoured while allowing him admission against a foreign seat but now he has turned around and wanted to get benefit from the lapses/irregularity committed by the respondents in allowing admission to the petitioner. The above discussion is fully supported by the letter dated 18.11.2009 issued by the Director Admissions, Jinnah Medical College, Peshawar addressed to the petitioner, whereby his request was accepted and he was appraised that his fee has been reduced to Rs, Eight lakh per year against the foreign seat.
10.For what has been discussed above, there is no merit in the instant writ petition. We, however, observe that the petitioner shall be charged only the tuition fee etc and he it not liable to pay late fee or fee charged for absence from Exam-2015.
11.With these observations, the writ petition is dismissed.