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1984 CLC 2169

ZULFIQAR ALI MUHAMMAD vs CHAIRMAN, ADMISSION BOARD

Citation1984 CLC 2169
CourtLahore High Court
Case No.Writ Petition No, 2960 of 1983
Date1984-01-10
Judge(s)Sh. Ijaz Nisar
ResultOrder accordingly

ORDER

' The petitioner passed Matriculation Examination in 1969 from the Board of Intermediate and Secondary Education, Sargodha, He took up his Intermediate Secondary School Examination in 1971 but failed. He again appeared in the Intermediate Examination from Lahore Board in the year 1980 and passed the same in the first Division securing 630 marks. He took another chance and passed the Pre-Medical Intermediate and Secondary School Examination in 1982 securing 671 marks. He submitted an application for admission to Chairman Admission Board of Medical Colleges of Punjab, Lahore (respondent No, 1). It is contended that he was declared eligible for admission in Quaid-i-Azam, Medical College, Bahawalpur but subsequently his name was removed from the merit list on the ground that he had failed to explain the gap between Matriculation and F. Sc.

Examinations. He was further told that for the purpose of inquiry registered letters were sent to the petitioner to which he did not reply. The petitioner contends that the said letters did not reach him.

He states that the act of the respondents in cancelling his admission without any notice is mala fide, without lawful authority and contrary to the principles of natural justice. Hence this Constitutional Petition.

2. In support of his contentions, the petitioner has produced a certificate from the post office that the registered letter was returned to the sender with the remarks (address incomplete). Learned counsel for the petitioner states that the above certificate of the post office would prove the non- service of the notice on the petitioner to explain the gap in the two examinations. Mr. Tanvir Ahmad Khan, the learned A. A.-G. States that he has no objection to the petitioner being granted a fresh opportunity of explaining the gap to the concerned authorities and that he shall be considered for admission in the forthcoming Session if he applies to the concerned authorities subject to the fulfillment of all the prerequisites.

3. In view of the submission of the learned counsel for the respondents the writ is accepted to the extent that the petitioner shall be afforded an opportunity by the concerned authorities of explaining the gap in the examinations/studies and shall be eligible to admission in the Medical College if he satisfactorily explains the gap and fulfils the other qualifications for admission to the medical colleges. The petitioner shall approach the concerned authorities within a week.

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