' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the order of the High Court whereby his petition was dismissed in limine.
2. The petitioner had applied for admission in the Medical College for a seat allocated to FATA as he hails from South Waziristan Agency. He had passed his Secondary School Examination in 1990 and Higher Secondary School Examination in 1992 both in the first division from Al-Darab Secondary School Jizan, Saudi Arabia. The Inter-Board Committee granted him a provisional equivalence certificate stating that the qualification of Jizan Secondary School Certificate examination from Saudi Arabia was equivalent to HSSC/Intermediate (pre-Medical) of Pakistan subject to the condition to pass examination in Pakistan Studies within one year at secondary school certificate level. The petitioner had obtained 890 marks in his equivalent F.Sc. Examination and being on the top of the list amongst the FATA candidates he was recommended for admission.
However, the Joint Admission Committee did not allow him admission on the ground that he had not qualified in Pakistan Studies. He challenged the order by a writ petition which was dismissed by the impugned order on 19-1-1993 on the ground that provisional equivalence certificate was issued to the petitioner which in view of proviso to para 18 of the Prospectus did not entitle him admission.
3. Alongwith the petition for leave to appeal the petitioner also applied for interim order for provisional admission. Notice was issued to the Advocate-General as well as to the respondents.
On 30-1-1993 when the learned Advocate-General made a statement that if the petitioner succeeded in his examination in Pakistan Studies which was scheduled for 21-2-1993 and in case any seat was available, his admission shall be considered by the respondents against FATA Seats.
In view of this statement interim order was passed and it was ordered that if any seat has not been filled either from FATA or any other area, the respondents shall not fill it till such time the result of the petitioner is announced by the Board. After the petitioner passed his examination in Pakistan Studies, he pressed for provisional admission stating that a seat was vacant. On 14-7-1993 the petitioner was allowed provisional admission at his own cost and risk subject to final decision of the petition.
4. The petitioner alleges that although the seat was vacant, admission has not been granted and he has filed an application for contempt which is proceeding separately.
5. The learned counsel for the petitioner contended that on 8-6-1993 under the orders of the High Court of Peshawar one Altaf was admitted in the M.B.B.S. First year class while one Muhammad Ismail, a student from Qatar to whom provisional equivalence certificate had been issued was also granted admission by the respondents on 15-1-1993. The learned counsel has filed documents in support of his contention. Referring to these instances the learned counsel contended that the petitioner is entitled to be treated equally under law and should not have been discriminated. He further contended that having passed the examination in Pakistan Studies and in view of the undertaking given by the Advocate-General, N.-W.F.P., the petitioner is entitled to admission. Leave is granted to consider the aforestated contentions amongst others.
6. The petitioner has filed an application for permission to file additional documents which is allowed.
7. The petitioner has also filed application for contempt against the respondents. Mr. Shakirullah Jan has received copy and has notice of this application and requests for time to file reply. The respondents should file reply within a week.
8. The respondents have also filed an application under rule 33 for reconsideration of order dated 14-7-1993. The learned counsel for the petitioner seeks time to file reply. Let the reply be filed within a week.
9. Application for contempt and the application under rule 33 will be heard together on 12-10-1993.