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K.L.R. 1998 Civil Cases 570

SHEIKH HASSAN SHAHARYAR vs FEDERATION OF PAKISTAN And Other

CitationK.L.R. 1998 Civil Cases 570
CourtLahore High Court
Case No.W.P. No. 521 of 1998
Date1998-03-02
Judge(s)Raja Muhammad Sabir, Malik Muhammad Qayyum
ResultN/A

ORDER

In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner, who is presently student of Medical College in Punjab, has challenged the validity of circular (Annex:D) issued by the Inter Board Committee of Chairman (IBCC), Ministry of Education, Government of Pakistan which was set up pursuant to a notification issued on 22.4.1990 under sub- section (1) of section 3 of the Federal Supervision of Curricular, Textbooks and Maintenance of Standards of Education Act, 1976. According to the learned counsel for the petitioner, the aforesaid Committee (IBCC) had no jurisdiction to issue any such circular nor could the merit of a candidate seeking admission to Medical College be determined on the basis of that circular.

2. The learned Additional Advocate General Punjab and the learned counsel appearing for Principal have fairly stated that while determining the merit of a candidate for the purpose of admission to a medical college in Punjab, circular in question is not being acted upon by the Admission Board Committee which is following the prospectus issued by the Government of Punjab itself. Having been conceded, this petition fructifies to the extent that it is ordered that while determining the merit of a candidate seeking admission to medical college the circular in question shall not be acted upon by the Admission Board which shall of course be free to follow the prospectus. On the other hand, if the petitioner is aggrieved of any provision of the prospectus, he may separately challenge the same by filing a fresh petition, if need be.

Disposal of in the above terms.

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