1. ' NAIMUDDIN, J.--By this petition under Article 9 of the Provisional Constitution Order, 1981, the petitioner seeks a direction to Selection Board of Admission for Medical College, Sind through its Chairman, Principal of Dow Medical College, Karachi to give admission to the petitioner in the First Year M.B., B.S. course in Medical Colleges of Sind particularly in Dow Medical College against the seats allocated to the male candidates domiciled in Karachi.
2. ' According to the petitioner he obtained High School Diploma from Miami-Dade Community College, Miami, Florida in 1983, for which the University of Karachi has granted equivalence/conversion certificate equivalent to Intermediate Science, Pre-Medical Group on 23-1- 1985 with 69.28% marks.
3. ' Pursuant to the advertisement which appeared in daily DAWN dated 10-1-1985, inviting applications for admission in First Year M.B., B.S. Class for the year 1984-85. The petitioner applied in January, 1985 but admission has been refused to him on the ground that he was eligible to apply for admission in the First Year M.B., B.S. in the Medical College for the year 1983-84 according to clause 2(i) of the Rules of Admission contained in the College Prospectus and not in the year 1984- 85.
4. ' The case of the petitioner is that his case is covered by clause (iii) of rule 2 which provides that 'those who have passed Intermediate Science (Pre-Medical Group)/B.Sc. (Biological Science)
5. Annual/ Supplementary Examination, 1982 and could not be considered in last selection due to late issue of Domicile/P.R.C. or late declaration of the result of late issue of mark certificate could apply for admission.
6. ' We may hereinbelow quote sub-rule (iii) of rule 2 of the Rules of Admission.
7. "2. The following candidates shall be eligible to apply for admission in 1st Year M.B., B.S./B.D.S. in the Medical College in Sind for the year 1983-84.
(i) ...............................................................................................
(iii) Those who have passed Intermediate Science (Pre-Medical Group)/B.Sc. (Biological Science)
8. Annual/Supplementary Examination, 1982 and could not be considered in last selection due to late issue of Domicile/P.R.C. This claim shall have to be supported by proper documentary evidence."
9. ' We called for the comments which have been submitted and we have heard learned counsel for the petitioner.
10. 'Learned counsel for the petitioner reiterated that the petitioner is entitled to admission in accordance with the aforesaid Rule but the petitioner though he had passed the examination in June 1983, did not apply for admission in February, 1984 when the applications were called for.
11. ' According to Mr. Zaheeruddin the reason for not applying for the admission was that the petitioner had not received the marks sheet which was supplied to him only in March, 1984 and the application was called one month earlier than the receipt of the marks sheet by the petitioner. But that would not entitle the petitioner to apply for admission in the subsequent year because under clause (iii) if the petitioner had applied for admision in the year 1983-84 and if he was not considered for 'selection due to late issue of marks sheet then he could have been considered for admission this year. Since however, he had not applied for admission in the year 1983-84, therefore,, the question of admission in subsequent year did not arise.
12. ' We, therefore, find no merits in this petition and dismiss it in limine.