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1991 SCMR 2011

JAVED FAZAL vs JAVED IQBAL And 4 Other

Citation1991 SCMR 2011
CourtSupreme Court of Pakistan
Case No.Civil Petition No.12-Q of 1991
Date1991-06-06
Judge(s)Muhammad Afzal Zullah, Abdul Qadeer Chaudhry
ResultLeave granted

ORDER

ABDUL QADEER CHAUDHRY, J: --Leave to appeal is sought against the judgment of the High Court dated 9-5-1991.

2. The facts, briefly stated, are that the petitioner submitted an application for admission in Engineering College, Khuzdar against one of the reserved seats for candidates from Kachhi District.

The petitioner was selected by the Selection Committee and according to the learned counsel, he attended the class for over eight months. The respondent No.1 filed a Constitution Petition challenging the selection of the petitioner. The petition of respondent No.1 was accepted and a direction was made that the respondent No.1 be admitted to the Engineering College. The High Court disqualified the petitioner on the grounds, namely (i) he got education outside the Province without assigning the reason that it was beyond his control; (ii) he obtained local certificate on the last date of submission of application; and (iii) he did not appear before the Selection Committee for interview on the first date. The Selection Committee has accepted the reasons furnished by the petitioner for studying outside Baluchistan. The date for submission of application was extended upto 22-2-1989, therefore, prima facie it escaped the notice that he obtained local certificate before the last date of submission of application. It is also admitted by the learned Advocate- General that the petitioner did appear for interview on a subsequent date.

3. The contention raised in this petition requires examination.

Leave is granted.

In the meanwhile, the impugned judgment is suspended with the condition that respondent Javed Iqbal, as undertaken by both the learned counsel, will be accommodated in the same manner including casual arrangements.

Cited by 2 cases

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