' AJMAL MIAN, J.--By this common judgment, we intend to dispose of the above three petitions as they involve common question of law. They are directed against orders all dated 27-2-1997 passed by a Division Bench of the High Court of Sindh in Constitution Petitions Nos. D-307, D-306 and D-20 of 1997, respectively, filed by the present petitioners, who were students of the M.B.,B.S. Classes for the year mentioned in the memos. Of petitioners in Chandka Medical College, Larkana, and People's Medical College, Nawabshah (i,e, the petitioners in C.Ps. Nos.42-K and 43-K of 1997 were the students of Ghandka Medical College, whereas the petitioner in C.P. No,44-K of 1997 was the student of People's Medical College), against the refusal of respondent No,1, i,e, the University of Karachi, to accept the migration of the above students from the aforesaid colleges to the Sindh Medical College, Karachi though no objection as issued by the Provincial Health Department and that the same were forwarded by the above College to respondent No,1, declining the same. The petitioners have, therefore, filed the present petitions for leave to appeal.
2. On 11-3-1997, the above three petitions along with stay applications were placed before one of us (Ajmal Mian, J.) for chamber order, whereupon the following order was passed:-- "These petitions are directed against the dismissal of the Constitution Petitions filed by the petitioners by a Division Bench of the High Court of Sindh. In the Constitution Petitions filed by the petitioners, they sought a direction against the University of Karachi, to the effect that they be allowed to take their respective Professional Examinations of M.B.,B.S. As their migrations from the interior of Sindh to Sindh Medical College, Karachi, were accepted by the Government of Sindh.
While the above Constitution petitions were pending, the petitioners were allowed by the High Court to take their respective Professional Examinations on the condition that their result would not be announced. It seems that the aforesaid Constitution petitions have now been dismissed.
2. The grievance of the present petitioners is that they have already taken written examination and some of the petitioners have also appeared in Viva Voce examination and because of the impugned order, the University would not allow them to complete their Viva Voce examination.
They have, therefore, filed the present petitions for leave to appeal. Along with the above petitions, they have also filed applications for interim orders. In Civil Petitions Nos. 42-K and 43-K of 1997, the petitioners are supposed to appear in Viva Voce examination tomorrow.
3. I would direct the respondents to allow the petitioners to appear in the remaining Viva Voce examination till the hearing of the petitioners and the stay applications on 13-3-1997. The same may be fixed on the above date after notice to the respondents and to the learned Advocate- General, Sindh, when the petitions may be disposed of finally."
3. In response to the above order Mr. Obeidur Rehman, learned Advocate Supreme Court has appeared for respondent No,1, the University of Karachi, Mr. Suleman Habibullah, learned Advocate Supreme Court has appeared on behalf of the Advocate-General, Sindh, and Mr. Jamil Asghar, Superintendent of the Sindh Medical College, has appeared on behalf of the above College.
4. In support of the above petitions Messrs Abdul Hafeez Lakho and Malchcloom Ali Khan have vehemently contended that respondent No,1, i,e, the University of Karachi, has granted no objection to the migration of a number of other students and even to those who had applied after the petitioners, but declined the same in case of the petitioners and thereby violated Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution.
' On the other hand, Mr. Obeidur Rehman has vehemently contended that the petitioners cannot claim migration from the above Medical College in the interior of Sindh to the Sindh Medical College, Karachi, as a matter of right and secondly under Regulation No,13(ii), it has been clearly provided that "No person will be admitted even as a transfer case if he applied for admission after the expiry of three months from the commencement of the session, provided that the Vice- Chancellor may, in special cases, relax the time-limit" and as the petitioner had applied after the expiry of more than three months from the commencement of their respective sessions of their respective classes, respondent No,1 i,e, the University of Karachi was justified in declining the above request of the petitioners.
5. We have noticed from the record that the Government of Sindh, Health Department has allowed migration from Medical Colleges situated in the interior of Sindh to the Sindh Medical College, Karachi of the above petitioners as well as of other students mechanically on a cyclostyled format without applying its mind as to whether the applicants concerned deserved the above concession.
We may further observe that the seats are allocated for each of the Medical College situated in the Province of Sindh on the basis of the facilities available in each of such colleges. Indiscriminate allowing of migration from one college to another without justifiable cause disturbs the working and the scheme of the various colleges as it results in over-crowding of the classes which affects the quality of the education. We strongly deprecate the above practice of allowing migration from one medical college to another medical college without any justifiable reason. Respondent No,1 the University of Karachi has also been granting no objection in the past as a matter of course without applying its mind which is not commendable. In our view before granting a request of migration from one medical college to another medical college, it should judiciously and fairly be examined by the Government of Sindh, Health Department, as well as the University of Karachi and if it is found that there is a compelling reason like the transfer of the father of the student concerned from the interior of Sindh to Karachi, the request may be acceded to, but vague ground like family reason does not merit consideration. We may also observe that for proper and fair disposal of a request for migration, it will be appropriate if the Province of Sindh, Health Department, as well as the University of Karachi entrust the work of deciding the applications for migration to a body/committee comprising the persons of standing and integrity instead of vesting the above power in individuals. This will obviate any complaint of personal prejudice or favour.
6. Reverting to the above cases, it may be observed that there is no doubt that the above clause
(ii) of Regulation No,13 lays down that a request for transfer of admission from one college to another will not be entertained after expiry of three months from the commencement of the session with the proviso that the Vice-Chancellor in a special case can relax the time limit.
However, there are some documents on record of the above petitions for leave to indicate that the migration was allowed as late as on 2-2-1997 on the basis of the Principal's letter dated 10-12-1996, which was a date subsequent to the cut off date, namely, 7-12-1996 mentioned by Mr. Obaidur Rehman. In our view, though the petitioners have no vested right to claim migration from the aforesaid colleges to the Sindh Medical College, Karachi, but since the respondents have allowed such requests of other students who are similarly placed, refusal to treat the petitioners alike constitute violation of Article 25 of the Constitution, which inter alia enjoins that "all citizens are equal before law and are entitled to equal protection". In this regard, reference may be made to the judgment of this Court in the case of I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCM R 1041, wherein inter alia it has been held that the equal protection of law means, all persons equally placed be treated alike both in privileges conferred and liabilities imposed.
7. It is an admitted position that the Chandka Medical College and People's Medical College have struck off the names of the petitioners from their rolls. It is also an admitted position that on the basis of interim order of the High Court of Sindh passed in the above Constitution petitions, the petitioners have been allowed to appear in the examination and in fact they have already appeared in the written examination and some of the Viva Voce test. Considering the above factual background, the denial of relief to the petitioners would ruin their career. We are, therefore, inclined to convert the above petitions into appeals and direct respondent No,1, the University of Karachi, to allow the petitioners' migration as it has done in case of other students similarly placed.
However, we would like to make it clear that this judgment should not be treated as a precedent for future. We may also observe that the Government of Sindh, Health Department, as well as the University of Karachi should be discreet and strict in entertaining the request of migration and that the same should not be acceded to unless very strong case is made out supported with evidence of unimpeachable nature. The above petitions are disposed of as appeals in the above terms.
' A copy of this judgment may be sent under registered acknowledgement due to the Government of Sindh through the Health Secretary, Vice-Chancellor of the University of Karachi, and the Principals of Dow Medical College and Sindh Medical College.