JUDGMENT MUHAMMAD NASEEM, J. - Zaheer Aslam petitioner has passed his B.T (lst Annual)
Examination, 1994 from the Central Degree College, Multan jud affiliated with the Baha-ud-Din Zakariya University, Multan (hereinafter to called as BZU, Multan) with the subjects of Computer Science A and B by secure 522 marks who has also got his training of National Cadet Core (NCC) whereby marks are allocated to the trainee students. He has obtained 277/400 marks^ Computer Science A and B subjects. The BZU, Multan/respondent advert admissions in various departments including the M.Sc. Computer Science and tc his admission in this subject the petitioner applied.
According to the prospectus issued by BZU, Multan the formula for the determination of merit in the Computer] Science Master Degree is "highest marks obtained in the B.Sc. Examination p NCC marks". According to the petitioner the said formula is discriminate nature inasmuch as in other departments/subjects in similar circumstance benefit has to be extended and different criteria has to be laid down. In P Zoology, Botany, Mathematics and Statistics the aggregate marks of B. Marks of relevant subject wherein the admission is sought plus 20 marks have to be allocated. Expressing that his case alongwith three other appl' admission may be considered on the aforesaid criteria he made the reper the Vice Chancellor of BZU, Multan but the same has not been dispo petitioner expressed that his valuable fundamental rights safeguarded b 4 and 25 of the Constitution of the Islamic Republic of Pakistan are b and infringed by the said University Authorities by treating hi discriminately which can only be checked/enforced by this Court. Co prayed that the aforesaid merit formula prescribed for the Subject Science M.Sc, as contained in the prospectus session 1994-95 issue Multan may be declared to be illegal, discriminatory and without authority. He further prayed for the issuance of a writ of mandamus respondent to treat the petitioner and others indiscriminately by revise: formula and by bringing it in consonance with the merit formula being admission in the other departments/subjects of the same University.
2. The comments were called from the respondent which have been received. According to the stand of the Vice Chancellor of BZU. Multan it is not possible to add the marks obtained by the petitioner in B.Sc. Computer Science its passing B.Sc, with the subject of only Computer Science is not a pre-requisite for admission to M.Sc. Computer Science. The graduates with Mathematics and statics are also eligible for admission to this class and to them as well no lightage is given for their subjects. Consequently no weight age can be given to lose who passed B.Sc, with Computer Science. The main defence of the respondents is that when the marks obtained by the students who passed B.Sc, with .Mathematics or Statistics are not added for calculating merit for admission and the concession is denied to them it cannot be given to those who passed B.Sc, with Computer Science which rather would be discriminatory.
During the arguments the main contention of the learned counsel for the petitioner is that the petitioner is entitled to an equitable treatment with other students of other subjects to be admitted by BZU. Multan and that the marks obtained by him in the Computer Science in B.Sc. (1st Annual)
Examination. 1994 have to be added in the total marks obtained by him plus 20 marks of NCC which is the practice being followed about admission of the students m other subjects. 1 do not agree with him. As rightly expressed by the learned counsel for the respondents sing B.Sc, with the subject of Computer Science only is not a pre-requisite for mission to M.Sc. Computer Science. The graduates with Mathematics am1 this are also eligible for admission to M.Sc. Computer Science. No proposed ghtage is given to the students who qualify B.Sc, with Mathematics or Statistics compete for their admission in M.Sc. Computer Science. Only four students >f which the petitioner is a first divisioner applied for admission in M.Sc, liter Science. For four students only the admission cannot be opened in M.Sc, ter Science. The subjects of Mathematics and Statistics are relevant and have with the subject of Computer Science and the graduates w the Mathematics sties are also eligible for admission to M.Sc. Computer Science. No has been given to them of the numbers of the relevant subject of tics and Statistics. At my direction the respondents have submitted the list dents who have been admitted in M.Sc. Computer Science alongwith the risk of each subject obtained by each of them. 28 students are to be in M.Sc. Computer Science. One seat has not been filled on the basis of any injunction issued by this Court on 6.12.1994. If the formula for impugned through this writ petition is taken into consideration on merit t at No. 27 has obtained 632 marks.
However. Zaheer Aslam petitioner ned 542 marks. Thus he cannot compete the other candidates. I am tempted ess that due to the less numbers of graduates with subject of Computer the Calendar of the University cannot be changed through the verdict of this Court by expressing that the graduates with Mathematics or Statistics may be eclipsed from the competition for admission in the M.Sc. Computer Science or that marks of subject of Computer Science obtained in B.Sc, may also be added towards determination of Merit List. It would neither be just nor fair as it would adversely affect the other candidates being discriminatory qua them. Keeping in view the formula in existence, which is operative,, the petitioner has failed to get the admission in M:Sc. Computer Science. Thus he has no case.
4. For what has been said above. I dismiss this writ petition leaving the parties to bear their on.
Costs.