' Zaheer Aslam petitioner has passed his B.Sc. (1st Annual) Examination, 1994 from the Central Degree College, Multan duly affiliated with the Baha-ud-Din Zakariya University, Multan (hereinafter to be called as BZU, Multan) with the subjects of Computer Science A and B by securing 522 marks who has also got his training of National Cadet Core (NCC) whereby 20 marks are allocated to the trainee students. He has obtained 277/400 marks in Computer Science A and B subjects. The BZU, Multan/respondent advertised admissions in various departments including the M.Sc. Computer Science and for 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 plus 20 NCC marks". According to the petitioner the said formula is discriminatory in nature inasmuch as in other departments/subjects in similar circumstances due benefit has to be extended and different criteria has to be laid down.
In Physics, Zoology, Botany, Mathematics and Statistics the aggregate marks of B.Sc. Plus marks of relevant subject wherein the admission is sought plus 20 marks for NCC have to be allocated.
Expressing that his case alongwith three other applicants for admission may be considered on the aforesaid criteria he made the representation to the Vice-Chancellor of BZU, Multan but the same has not been disposed of. The petitioner expressed that his valuable fundamental rights safeguarded by the Articles 4 and 25 of the Constitution of the Islamic Republic of Pakistan are being violated and infringed by the said University Authorities by treating him and others discriminately which can only be checked/enforced by this Court. Consequently he prayed that the aforesaid merit formula prescribed for the Subject of Computer Science M.Sc. As contained in the Prospectus Session 1994-95 issued by BZU, Multan may be declared to be illegal, discriminatory and without any lawful authority. He further prayed for the issuance of a writ of mandamus directing the respondent to treat the petitioner and others indiscriminately by revising the merit formula and by bringing it in consonance with the merit formula being adopted for 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 as passing B.Sc. With the subject of only Computer Science is not a prerequisite for admission to M.Sc. Computer Science. The graduates with Mathematics and Statistics are also eligible for admission to this class and to them as well no weightage is given for their subjects. Consequently no weightage can be given to these 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.
3. 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 in other subjects. I do not agree with him. As rightly expressed by the learned counsel for the respondents passing B.Sc. With the subject of Computer Science only is not a prerequisite for admission to M Sc. Computer Science. The graduates with Mathematics and Statistics are also eligible for admission to M.Sc.
Computer Science. No proposed weightage is given to the students who qualify B.Sc. With Mathematics or Statistics and compete for their admission in M.Sc. Computer Science. Only four students out of which the petitioner is a first divisioner applied for admission in M.Sc. Computer Science. For four students only the admission cannot be opened in M.Sc. Computer Science. The subjects of Mathematics and Statistics are relevant and have the link with the subject of Computer Science and the graduates with mathematics and Statistics are also eligible for admission to M.Sc.
Computer Science. No weightage has been given to them of the numbers of the relevant subject of Mathematics and Statistics. At my direction the respondents have submitted the list of 27 students who have been admitted in M.Sc. Computer Science alongwith the detail marks of each subject obtained by each of them. 28 _students are to be admitted in M.Sc. Computer Science. One seat has not been filled on the basis of the temporary injunction issued by this Court on 6-12-1994. If the formula for admission impugned through this writ petition is taken into consideration on merit the student at No, 27 has obtained 632 marks. However, Zaheer Aslam petitioner has obtained 542 marks. Thus, he cannot compete the other candidates. I am tempted to express that due to the less number of graduates with subject of Computer Science 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 own costs.