Brief facts of the case are that the petitioner passed his F.Sc. Examination securing 809 marks including N.C.C. Training marks and applied to respondent No. 1, Chairman, Selection Committee, Principal King Edward Medical College, Lahore for admission in the First Year M.B.,B.S. Examination in Rawalpindi Medical College, Rawalpindi against the reserved seat of Tehsil Kahuta. Necessary documents were submitted by him in the office of respondent No. l vide Receipt No.240, dated 12- 12-1994. The petitioner was selected for the only seat abovementioned. He was called upon to join the First Year M.B.,B.S. Class in Rawalpindi Medical College, Rawalpindi vide registered letter No .4739/RMC, dated 18-5-1995 for the Sessions 1994-95, which is placed at page 16 of this petition as Annexure "B". The petitioner submitted the requisite documents alongwith the original testimonials in the office of the Principal, Rawalpindi Medical College, Rawalpindi on 23-5-1995 and was issued two different fee deposit slips by the office of respondent No.2 to deposit the college fee in the designated Branch of National Bank of Pakistan. The petitioner accordingly deposited Rs.853 and Rs.600 on 23-5-1995 in the National Bank, Rawalpindi Medical College Branch, Rawalpindi vide Annexures ."C" and "D" to the writ petition. Then petitioner was issued Class Roll No.247 by the respondents Nos.2 and 3. However, on one pretext or the other the petitioner was not allowed to join the class till 30-5-1995 stating that only Principal, respondent No.2 could permit to join the class but he was away to Lahore. Subsequently, the petitioner was told that merit list for Kahuta seat has been reconstituted and respondent No.4, Farkhanda Akhtar Abbasi having secured 815 marks was entitled to get admission against the said seat and accordingly she was given admission.
Petitioner was therefore, not allowed to join the class. .
2. The petitioner challenged the action of the respondents refusing permission to him to join the M.B.,B.S. 1st Year Class being illegal and arbitrary by filing the instant writ petition. On 30-5-1995 the writ petition came up for hearing before my learned brother Malik Muhammad Qayyum, J.
Comments were called for from the respondents Nos. l and 2 and in stay matter, petitioner was allowed to attend the classes and since then the petitioner is studying in the Rawalpindi Medical College and has also taken the First Year M.B.,B.S. Annual Examination alongwith other students of his course.
3. In the comments submitted by the Principal/Chairman, Selection Committee, respondent No. 1, it was submitted that because of computer mistake the name of the petitioner was included in the merit list. In paras. Nos. 11 and 12 of the comments respondents Nos. l and 2 took up the plea that Miss Farkhanda Akhtar Abbasi respondent No.4 who has higher merit i.e. 815/1100 hailing from Tehsil Kahuta was omitted from selection due to computer mistake in spite of the fact that she had applied in time with all necessary requirements as against the merit of the petitioner i.e. 809/1100 adjusted marks. Therefore, tie selection list was revised and accordingly respondent No.4 was selected for admission and the provisional selection of the petitioner was cancelled.
4. Learned counsel for the petitioner has submitted that before his admission in Rawalpindi Medical College the petitioner was studying in B.Sc. Final Year in Gordon College, Rawalpindi and his annual examination was scheduled to be held on 27-5-1995 and after having been intimated about his admission in the Rawalpindi Medical College he quitted B.Sc. And joined the Medical College, Rawalpindi. Where he is continuously studying. He further submitted that there is no allegation of any fraud and misrepresentation against the petitioner and the alleged mistake of computer has no nexus with the conduct of the petitioner. Learned counsel further argued that respondent No.4 was originally admitted in the Medical College, Nawab Shah, Sindh defence forces reserved seat and was studying there and then losing that seat of her own joined the Rawalpindi Medical College and thereby disturbed the petitioner's seat and as such the plea of the respondent of computer mistake is not correct. Learned counsel has also argued that a valuable right has accrued in favour of the petitioner which cannot be cancelled or rescinded by the respondents. He has lastly argued that it is a case of hardship and if the petitioner's medical studies are discontinued at this stage after lapse of about one year he will suffer an irreparable loss to his career. In support of his contention learned counsel has relied upon Pakistan through the Secretary, Ministry of Finance v.
Muhammad Himayatullah Farukhi PLD 1969 SC 407, Muhammad Aslam Khaki v. Vice---Chancellor, Gomal University, D.I. Khan and 2 others (PLD 1980 Peshawar 128) and Miss Safia Hameed v.
Chairman, Selection Committee, Medical College, Quetta and 6 others PLD 1979 Quetta 12.
5. Learned Law Officer has opposed the petitioner by submitting that the respondent No.4 being at the top of the competitors for the seat in question was given the said seat and she cannot be disturbed.
6. I have heard the learned counsel for the petitioner, learned Assistant Advocate-General and the representative of the respondents and have gone through the relevant record and the above- referred authorities. It is crystal clear from the above narration of facts that the petitioner applied for admission in the Medical College in time and he was called upon by the respondents Nos. l to 3 to join the Rawalpindi Medical College vide Letter No.4739/RMC dated 18-5-1995 (Annexure "B" to the writ petition). He was also issued deposit slips by the office of the respondent No.2 and the petitioner accordingly deposited Rs.853 and Rs.600 in the National Bank of Pakistan, Rawalpindi Medical College and he has been studying in the College for about one year and has already taken First Year M.B.,B.S. Annual Examination alongwith his batch fellows. Now the petitioner is studying in 2nd Year M.B.,B.S. Before joining the Medical College the petitioner was studying in B.Sc. Final year and on receipt of letter Annexure "B" from the respondent he quitted his B.Sc. Final year studies, examination which was scheduled to be held on 27-5-1995 and burning all his boats preferred to be admitted in the Rawalpindi Medical College. According to the respondents, themselves issuance of the intimation for admission in the Medical College has no nexus with the conduct of the petitioner. There is no allegation of fraud or misrepresentation against the petitioner. Since the petitioner was not at fault and he acted throughout bona fidely, if his studies are discontinued at this stage, his academic career/future will be ruined. Similarly respondent No.4 studies cannot be disturbed at this juncture. It is stated by the learned counsel for the petitioner that two seats are still available in the Rawalpindi Medical College as one student namely Wasim has left for Army Medical College for Rawalpindi and the other Mst. Shagufta has unfortunately expired in a road accident. Both were students of 2nd Year M.B.,B.S. Class and according to the learned counsel petitioner can easily be accommodated by the respondents Nos. 1 to 3 against one of the said available vacant seats and in this way no other student will be disturbed.
7. In Miss Safia Hameed v. Chairman, Selection Committee, Medical College, Quetta (supra), petitioner Miss Safia Hameed belonging to Pashin District sought admission in the Bolan-Medical College against reserved seats of District Pishin. Undisputed ten seats were reserved for the District amongst the girl candidates, the petitioner stood at the top of the list. However, she stood at S.No.6 on the general merit. Despite such beneficial position, the Chairman, Selection Committee refused her admission in the Medical College. Their lordships of Division Bench of Quetta High Court directed that the petitioner be admitted in the Bolan Medical College by observing:-- "However, we make it clear that the students, who have been admitted in the Medical College against the allotted seats from the District Pishin should not be disturbed at any cost. They shall be allowed to continue their studies. If no seat is vacant in the Bolan Medical College to accommodate petitioner, one special seat be created in the College for accommodating the petitioner."
8. I am of the view that the petitioner is entitled to continue his studies and he can easily be adjusted by respondents Nos. 1 and 2 against one of the said available seats, without disturbing respondent No.4 or any other student.
9. It has been held in Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 that an order, cannot be withdrawn or rescinded once it has taken legal effect and certain rights created in favour of any individual.
10. Similarly it was observed by their Lordships of Division Bench of Peshawar High Court in Muhammad Aslam Khaki v. Vice-Chancellor, Gomal University, D.I. Khan and 2 others PLD 1980 Pesh. 128:-- "Petitioner selected for admission in an Institute, duly informed of same, called for interview and tests, appearing and apparently successful, selected and asked to join on a specified date-- Valuable right, held, accrued to the petitioner to claim benefit of admission to Institute and such right could not be recalled unless secured by fraud. "
11. In pursuance to the letter issued by the respondents vide Annexure "B", petitioner was issued deposit slips for payment of fees etc. After having fulfilled all the formalities and payment of the necessary dues and fees vide Annexures "C" and "D", admission of the petitioner became perfect in all respect and admission letter issued by the respondent No.2 was acted upon. In this view of the matter the admission granted to the petitioner cannot be rescinded. Their lordships of the Supreme Court clearly held in Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 that:-- "the power of receding till a decisive step is taken, is available to the Government or the relevant authorities. In fact, the existence of such a power is necessary in the case of all authorities empowered to pass orders to retrace the wrong steps taken by them. The authority that has the power to make an order has also the power to undo it but this is subject to the exception that where the order has taken legal effect and in pursuance thereof certain rights have been created in favour of any individual, such an order cannot 'be withdrawn or rescinded to the detriment of those rights."
11-A. Relying upon the above-referred authorities, action of the respondents Nos. l to 3 refusing admission to the petitioner in the M.B.,B.S. Course is declared illegal and without lawful authority and they are directed to allow the petitioner to continue his studies in the 2nd Year M.B.,B.S. Class by adjusting him against any available seat in Rawalpindi Medical College, Rawalpindi as a regular student. It is needless to observe that respondent No.4 will not be disturbed in any manner. With these observations, this petition is allowed with no order as to costs.