ZIA MAHMOOD MIRZA, J.---Petitioner sought admission to the Bachelor Degree Course for the Session 1992-93 in the University of Engineering and Technology, Lahore against the seats allocated to the children of the University employees described as category 'M'. According to the prospectus issued for the relevant session applicants for category 'M' were required to furnish with their applications, a certificate from the Registrar of the University on Form F-X saying that the applicant's parent has been a full--the employee of the University and "has continuously served the University for a period not less than five years (being physically present in the University during this period)" and further that he/she "(a) did not leave the University service by resigning; and (b) was not dismissed, removed or debarred from the University service under its Efficiency and Discipline Rules".
2. It is stated that the petitioner's father joined the University as a Lecturer on 12-8-1964. He was promoted as an Assistant Professor with effect from 1-6-1970. He proceeded on extraordinary leave till 21-12-1975 and thereafter, joined Government service and resigned from the University service.
As the petitioner's father had resigned from the University service, he was refused admission to category 'M' seat.
3. Feeling aggrieved, petitioner approached the Lahore High Court in its Constitutional jurisdiction for a direction to be issued to the University authorities to admit him in category 'M'. His contention in the writ petition was that although his father had joined Government service, he was liable to be transferred back to the University without his consent and, therefore, his resignation had no effect on the petitioner's eligibility for admission. This contention was repelled by the learned Single Judge and the writ petition was dismissed vide order dated 13-4-1993.
Petitioner agitated his grievance in an Intra-Court Appeal but with no better result as the same, to, was dismissed on 6-7-1993. Hence this petition for leave to appeal against the judgment of the High Court.
4. We have heard the learned counsel for the petitioner. He has reiterated the contention raised in the High Court viz. That his father's resignation had no effect on the petitioner's eligibility for admission as a son of the University employee. We find no merit in this contention as it is an admitted position that the petitioner's father had tendered his resignation from the University service which as per the document available at page 54 of the paper book was duly accepted by the Vice-Chancellor on 20-12-1975. In the circumstances, as per the condition laid down in the prospectus, petitioner was not eligible/entitled for admission in Category 'M'. No exception can, therefore, be taken to the impugned judgments of the High Court which have proceeded on correct premises, legal as also factual. This petition is devoid of any merit. It is accordingly dismissed and leave is refused.