ROZI KHAN BARRECH, J.---- The petitioner has invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer:- It is, respectfully prayed that this Hon'ble Court may kindly be pleased to declare that on the technical ground the petitioner name excluding on the initial stage of the admission process is illegal against the justice.
The respondent be directed to include the name of the petitioner in the District Merit List.
Any other relief which this Hon'ble Court deems fit and appropriate may also be awarded".
2. Brief facts of the case are that the petitioner after the advertisement issued by respondent applied for the Seat of MBBS and after submitting fees and educational credential the petitioner was declared eligible for the test wherein the test was conducted by BUMHS and the result was announced and the petitioner secured 71.409% marks as per the weightage formula.
3. The petitioner further averred in his petition that after issuing merit list, being resident of District Sherani, the petitioner time and again contacted the respondent office through telephone but he was told that due to the strike of the staff, no initiative has been taken yet; that he tried to visit the office of the respondent but due to the strike of the staff the petitioner was not allowed even to enter in the premises of college due to which he returned home town i.e. Sherani; that thereafter due to heavy snow fall, the road from Zhob to Quetta was blocked; that the petitioner came to know that on 27.01.2020 the tentative district merit list has been issued by the respondent office wherein the name of the petitioner was not ment ioned and the names of students having lower marks percentage were included; that being aggrieved, the petitioner rushed to the office of the respondent and submitted written objections and requested to include his name in the merit list but having no response, the petitioner filed the instant constitution petition.
4. The respondents submitted their para wise comments and denied claim of the petitioner .
5. We have heard both the learned counsel for the parties and have gone through the available record with their assistance.
6. It may be observed that the petitioner has applied for appearance in the MDC AT test and submitted his form under Roll No.2722884 on 15.09.2019; that result of MDCA T was issued by BUMHS by the merit list dated 31.11.2019 for Sessions 2019-20 and the petitioner had secured 71.409% marks in MDCA T test.
In the above tentative merit list .of MDCA T it is clearly mentioned that "the Provincial, Divisional, District and other categories wise Merit Lists shall be issued after applications for admissions are invited. The Final Merit List will be issued after submission of hard copies of documents including marks sheets and after deduction/addition of Marks (where required)".
7. Subsequently by making advertisement in all the newspaper and on the other website BUMHS invited applications online for admission in MBB S/BDS courses for the session 2019-20 from the candidates who had passed the MDCA T test.
The candidates who had applied online were required to submit the hard copies of the application in the admission office of BUMHS by or before 24.12.2019. Further , the candidates were required to deposit application form fee in the of fice through HBL.
8. To regulate admission of Professional Colleges including Medical Colleges all over the country and in our province too, prospectus for the session is published and issued. For the Session in question, we have before us prospectus for admission in BMC Session 2019-20. In its fourth chapter at page-42, clause 21 clearly mentions the procedure of admission with the last date of submission of application form and hard copy submission as 24th December , 2019 which was further extended as 14.1 1.2020.
9. The petitioner neither applied online, nor submitted the hard copy of the application in the office of BUMHS. The petitioner neither appeared in interview nor deposited the application form fee.
10. The petitioner filed written objections on 27.01.2020 for including his name in the merit list.
11. The selection process has been finalized and the academic session has started. The petitioner was not vigilant.
The petitioner cannot be permitted to take benefit of her own lapses nor the selected candidates can be deprived of their legitimate admissions.
12. According to settled principles, the jurisdiction of this Court under Article 199 of the Constitution is principally meant for correcting jurisdictional errors in the orders and proceedings of tribunals and executive authorities.
In the instant case we have not observed any illegality or error in the process of selection of candidates by BUMHS warranting interference by this Court in constitutional jurisdiction.
For the above discussion, we do not find any force in this petition which is accordingly dismissed.