' The six petitioners named as Rafaqat Javaid, Muhammad Yousaf, Farhad Shemail, Miss Saima Naseer, Muhammad Mahboob Azam and Muhammad Tayyab secured 821 to 823 adjusted marks in F.Sc. Examination from their respective Boards. They applied for admission in any of the Medical Colleges in Punjab to the Chairman, Admission Board/Principal, King Edward Medical College, Lahore/respondent No, 1 for the Session 1992-93 against open merit seats and in the alternative against the reserved seats of underdeveloped areas of District D.G. Khan and Muzaffargarh in Nishter Medical College, Multan. The petitioners could not get admission in general open merit.
However, all the petitioners got admission against the six reserved seats for Dera Ghazi Khan and Muzaffargarh as under-developed areas in Nishter Medical College, Multan. They deposited their dues and started their education in Nishter Medical College, Multan for 1st year M.B.,B.S. Which they have passed and now they are the 2nd year students of M.B.,B.S. In Nishter Medical College, Multan.
Subsequent to the regular admission in all the Medical Colleges of Punjab for the Session 1992-93 in all six seats of open merit had fallen vacant for the reason that four students of open merit seats got admission in Army Medical College, Rawalpindi while other two students did not deposit their admission fee. Thus all the aforesaid six seats having become available in open merit had to be filled by the administration in accordance with para. 27 of the prospectus and had to go to the next candidates in open merit. However, the respondents are said to have admitted six other candidates who are not on merit and the seats of the petitioners were given to six candidates of D.G. Khan and Muzaffargarh as under-developed areas instead of open merit candidates. On the filing and acceptance of three Writ Petitions bearing Nos. 2405/93, 2813/93 and 4739/93 six students have been shifted from Nishter Medical College, Multan while the six petitioners of this writ petition have been directed vide orders dated 17-11-1993 to be shifted to Quaid-i-Azam Medical College, Bahawalpur due to the attraction of open merit as the students on general open merit with less numbers are accommodated in Quaid-i-Azam Medical College, Bahawalpur last of all.
Expressing that the six seats of open merit have been utilized by the Chairman, Admission Board/Principal, King Edward Medical College, Lahore (respondent No, 1) and the Principal, Nishter Medical College, Multan (respondent No, 3) for admission of the students from under-developed districts of Muzaffargarh and D.G. Khan which is bad in law and that the orders about their (petitioners) shifting from Nishter Medical College, Multan to Quaid-i-Azam Medical College, Bahawalpur have been passed without justification the petitioners have filed this writ petition to get the said orders dated 17-11-1993 declared as without lawful authority, void and of no legal effect. In the comments respondents Nos. 1 and 3 have admitted that initially the petitioners could not get admission in open merit seats and were granted admission on the basis of reserved seats of under-developed districts in Nishter Medical College, Multan during the Session 1992-93 as per rule 24 of the Prospectus of the Medical Colleges in the Punjab. The lowest open merit was 823/1100 marks on 341-1992. However, subsequently on receipt of information about the vacant seats from the various Medical Colleges the selection lists were revised and the merit of the candidates already admitted on open merit seats was upgraded. The candidates already admitted against the reserved seats were also considered for admission against open merit seats and the lowest open merit came down to 821/1100 adjusted marks at Quaid-iAzam Medical College, Bahawalpur against which the petitioners were considered. The students already selected against reserved seats of underdeveloped districts between 823 to 821 marks were selected for admission on open merit seats and in their place new candidates were selected for admission from the concerned under developed districts because according to rule 24 the admission against the reserved seats is made after open merit seats are over. The students already admitted against the reserved seats of under-developed districts and subsequently selected against the vacant open merit seats were allowed to continue their studies in the same College against the open merit seats. The petitioners continued their studies in Nishter Medical College, Multan, but due to the acceptance of the Writ Petitions bearing Nos. 2405/93, 2813/93, 4319/93 and 4739/93 the order passed by the Lahore High Court, Multan Bench, Multan had been implemented in letter and spirit whereby the petitioners had to be sent to Quaid-i-Azam Medical College, Bahawalpur from Nishter Medical College, Multan. It is maintained that no fundamental right of the petitioners is involved in the writ petition who have rather been selected in accordance with law. It is also maintained that in view of the admission of six more students against the reserved seats of under-developed areas in place of the petitioners the balance of seats has been disturbed in Nishter Medical College, Multan due to their presence there.
2. I have heard the learned counsel for the parties and gone through the record before me. The main contention of the learned counsel for the petitioners is that the petitioners belong to Dera Ghazi Khan and Muzaffargarh Districts which are closer to Multan than Bahawalpur where they have been shifted through the impugned orders dated 17-11-1993 who have been put to inconvenience while they can continue their studies in Nishter Medical College, Multan. I am afraid this argument, as rightly pointed out by the learned counsel for the respondents, has no force. The convenience of the students has not to be kept in mind. The existence of the rule of law has the paramount consideration. Practically, the Principal, Nishter Medical College. Multan allowed these six petitioners to continue their studies in his College at Multan. However, the aforesaid writ petitions were filed and this Court accepted the same. On the basis of the decision in Writ Petition No, 2405/93 Muhammad Saqib and Ghulam Sabir were shifted from Bahawalpur to Multan in place of Rafaqat Javid and Muhammad Yousaf petitioners. On the basis of decision in Writ Petition No, 2813/93 Muhammad Farrukh Aftab and Shehzad Ahmad were shifted from Bahawalpur to Multan in place of Farhad Shemail and Muhammad Tayyab. On the basis of decision in Writ Petition No, 4319/93 Miss Taj Batool was shifted from Bahawalpur to Multan in place of Mahboob Azam. On the basis of decision in Writ Petition No, 4739/93 Miss Rizwana Karim was shifted in place of Miss Saima Naseer petitioner. In fact the impugned order dated 17-11-1993 has been passed in compliance with the directions and orders passed by this Court and it is not the transgression of authority and jurisdiction on the part of the respondent No,
1. Legally the merit is to be allocated according to adjusted total marks of the candidates/students. As rightly pointed out by the learned counsel for the respondents in case these petitioners continue their studies in Nishter Medical College, Multan then practically 12 students would be getting the admission as against six seats of under- developed areas of Dera Ghazi Khan and Muzaffargarh Districts. That cannot be the intention of the relevant rule which is in force. Rather the retention of these petitioners in Nishter Medical College, Multan against the said reserved six seats would be negation of rule of law on two counts. First that as expressed above 12 students would be deemed to be admitted against six seats for reserved areas and secondly that six more students as against the total quota prescribed for Nishter Medical College, Multan would be getting the education disturbing the balance. It was only in the initial list that these petitioners obtained the admission on the basis of the reserved seats and the list was liable to be reviewed after the target date for the deposit of the admission, fee was over.
The merit has to be determined continuously and not by passing the six seats for reserved areas against which these petitioners were initially admitted. It is pertinent to mention that in the writ petition mentioned above on the decision of which the six students have been shifted from Bahawapur to Multan in place of these petitioners, the petitioners were also mentioned in the list of the respondents which means that they have not been condemned unheard. On this ground the opening of this new front pertaining to the same matter cannot be allowed. The ground of attack in the aforesaid three writ petitions has been given the weight by this Court and there is no cause of grumble for the petitioners who luckily have been adjusted against the general merit seats which was their first preference when they made the applications for admission before respondent No, 1.
Only on the aforesaid ground of convenience of obtaining the education in Multan they should themselves not question and object to their shifting from Nishter Medical College, Multan to Quaid- i-Azam Medical College, Bahawalpur which is not their right. Consequently I hold that the writ petitioners have failed to make out that their fundamental right has been infringed by the passing of the impugned orders dated 17-11-1993 which have rather been issued to execute the orders passed by this Court in the aforesaid writ petitions about the shifting of the deserving candidates/students on merit from Quaid-i-Azam Medical College, Bahawalpur to Nishter Medical College, Multan.
' No Constitutional right of the petitioners stands infringed and I dismiss this writ petition.