MUHAMMAD ROSHAN ESSANI, J. -- The petitioner through this petition has sought the following reliefs:-
(a) To declare that the impugned certificate dated 10.12.1996 issued by the respondent No. 3 i.e. Registrar University of Sindh is without lawful authority and of no legal effect;
(h) To direct the respondent No. 2 i.e. Principal and Chairman Selection Board Chandka Medical College, Larkana to admit the petitioner on the basis of merit in terms of the certificate granted by the Inter Board Committee of Chairman dated 27.11.1996.
2. The brief facts, for seeking the above reliefs as stated in the petition , are that the petitioner is a Citizen of Pakistan and a permanent resident of District 'Ghotki. He passed his matriculation examination from Government High School, Mirpur Mathelo in the year 1981 in "A-1" Grade. After obtaining admission, in Intermediate Pre-Medical Group the petitioner went to India and according to him owing to certain family circumstances he stayed in India and passed his Intermediate Pre- Medical Examination from the Maharashtra State -Board of Higher Secondary Education, Bombay in the year 1995 and he was placed in Grade 'A' by obtaining 75.83 marks. Since the petitioner passed his Intermediate Examination from outside Pakistan therefore he applied to the Chairman Inter Board Committee, Ministry of Education Government of Pakistan for equivalance certificate.
The Inter Board granted him equivalence certificate on 27.11.1996 stating therein that the qualification acquired from India would he equivalent to Higher Secondary School Certificate/Intermediate Examination (Science Group) of Pakistan. 'Accordingly the petitioner submitted his application for admission to the respondent No. 2 i.e. Principal and Chairman Selection Board Chandka Medical College, Larkana on 30.11.1996. The certificate issued by the Inter Board Authorities was not accepted by the respondent No. 2 and the petitioner was directed to obtain equivalance certificate from the respondent No. 3 i.e. University of Sindh. He approached the respondent No. 3 for the grant of required certificate. Consequently the certificate was issued. The contents of the same are reproduced herein below in extenso:- CERTIFICATES "Ref: No. G/equi. /75/988 dated 10.12.1996.
This is to certify that Higher Secondary Education Certificate from Maharashtra State Board of Secondary and Higher Secondary Education Divisional Board, Bombay passed by Aneel Kumar Kandandas has been determined by the Inter Board Committee of Chairman Govt. Of Pakistan, Ministry of Education, Islamabad as equivalent to H.S.C. (Pre-Medical) Examination this University has therefore recognised the said examination as equivalent to H.S.C. (pre-Medical) Examination for the purpose of admission to first year M.B.B.S. Class.
Mr. Aneel Kumar Kundandas shall be eligible for admission to first year M.B.B.S. Class subject to the condition that he must pass the following paper of H.S.C. Level from the Board of Intermediate & Secondary Education in Sindh prior to appearing at First Prof. M.B.B.S. Examination:-
(i) Pakistan Studies.
(2) Islamiat/Ethics.
Sd/- Registrar University of Sindh"
It is averred that despite the production of the aforesaid certificate the petitioner was declined admission in Medical College on merit basis. The candidate who obtained upto 72% marks became eligible for admission to 32 seats in Medical College from District Ghotki. Since 20 marks from the total marks of petitioner were deducted his percentage came to 67.83% with the result that admission was declined to him.
3. The petitioner has further averred that he approached various authorities explaining that 20% deduction from his marks was illegal but no action was taken. He therefore preferred the present petition in terms material particulars whereof are given above.
4. On 29.5.1997 this petition was admitted to regular hearing by a Division Bench of this Court.
5. The respondent No. 1 in their parawise comments did not reply in detail to the different paras of the petition.'
6. The respondent No. 2 in his parawise comments had stated that the petitioner passed his Intermediate Pre-Medical Examination in the year 1995 from Board of Intermediate & Secondary Education, Bombay and on the basis of the said qualification he applied for his selection having domicile of Ghotki District, during academis session 1996-97 whereas for this session only those candidates were eligible who passed their Intermediate Science Pre-Medical Examination in the year 1996. It was thus stated that the petitioner was declined admission and he was not considered to be eligible for selection under Rule 2, sub-Clause (ii) (iii - Rules of admission) tor Sessions 1996- 97, incorporated in the prospectus. It is further averred that Chandka Medical College, Larkana is affiliated with Sindh University, Jamshoro, so therefore, the candidates who passed their Intermediate Examination from the Board other than, Board of Intermediate & Secondary Education of Pakistan, are required to submit an equivalance certificate from University of Sindh under Rule 7
(c) (iii - Rule of admission) for Session 1996-97. The petitioner did not submit the requisite evuivalance certificate as required under Rule-7 (c) (iii - Rules of admission) of the prospectus for Session 1996-97 but he produced a certificate issued by the Inter Board Committee. It is stated that equivalance certificate issued by the respondent 3 i.e. University of Sindh produced by the petitioner revealed that his 20% marks were subtracted and as such petitioner was not entitled to admission.
7. The learned counsel for the respondent No. 3 i.e. University of Sindh has filed a letter purportedly sent to him by the Registrar of University of Sindh in connection with present petition containing formula for conversion of Marks for British and American System of Education with Intermediate Science (Pre-Medical) Examination of Pakistan for the purpose of admission in professional Colleges duly approved by the Academic council. The same is reproduced hereinbelow in extenso:- "Ref: No. G/488. Dated: 23.5.1997. Prof. P.M. Amer, Legal Adviser, University of Sindh.
Subject: CONSTITUTION PETITION NO. D-22/97 (ANIL KUMAR VERSUS PROVINCE OF SINDH & TWO OTHERS). Dear Sir, ' With reference to your letter No, AMER Co/L.A dated 21.5.1997, I am reproducing below the formula for conversion of marks for British and American system of education with Intermediate Science (Biology) Group Examination of Pakistan for the purpose of admission 1st Year M.B.B.S./B.D.S./B.Pharmacy Class duly approved by the academic council: FOR BRITISH SCHOOL (i) Since students of Medical Group study Physics, Chemistry and Biology as optional subjects at our Intermediate Level, which is a pre-requisite qualification for entries in Medical Colleges and 1st Professional B. Pharmacy Class the members of the Equivalance committee feel that students seeking admission in Medical Colleges and 1st Professional B.
Pharmacy class after completing education under British System should also he required to study above mentioned subject at 'A' levels. Hence successful completion of 'A' Level examination in Physics, Chemistry and Biology should he one of the pre-requisite for entries in Medical Colleges and admission to 1st Professional B. Pharmacy Class. (ii) In addition, students completing their education under British system of education, must pass the following courses of H.S.C. Level from the Board of Intermediate & Secondary Education in Sindh.
(a) Urdu/Sindhi.
(b) Islamiat and Pakistan Studies.
(iii) Since marks given against different grades under British Schools are towards co-partitively higher side (A-90, B-80 C-70), it is considered essential to subtract 20% marks from the marks obtained in each course to bring them at par without grades given in our system of Intermediate Examination (A-70, B-60, C-50).
FOR AMERICAN SCHOOL (i) Since Physics, Urdu/Sindhi, Islamiat and Pakistan studies, are not taught at either llth or 12th grade in American Schools and these are the pre-requisite subjects for students seeking admission in Medical Colleges in Pakistan and 1st Professional B. Pharmacy Class, students completing their education under America! System of Education, must pass the above- mentioned subjects of the H.S.C. Level from the Board of Intermediate & Secondary Education in Sindh.
(ii) Since marks given against different grade under American Schools are towards comparatively higher side (A-90, B-80, C-70), it is considered essential to subtract 20% marks from the marks obtained in each course to bring them at par with our grades given in our system of Intermediate Examination (A-70, B-60, C-50).
N.B. THE ABOVE FORMULA IS APPLICABLE TO THE CHILDREN OF PAKISTAN STATIONED IN MIDDLE EAST AND OTHER COUNTRIES.
I am to inform you further that the vice-Chancellor has now been pleased to pass orders under his emergency powers only to subtract 15 (Fifteen) marks for the purpose.
Yours faithfully, Sd/- (MUHAMMAD HUSSAIN)
REGISTRAR."
We have heard the learned counsel for the parties and have perused the pleadings. We are not impressed by the arguments advanced by the learned counsel for the petitioner.
8. The Rule III (2) (ii), (iii) and (iv) of the prospectus for Medical Colleges of Sindh for 1996-97 is reproduced herein below:- "(2) The following candidates shall be eligible to apply for admission in 1st year M.B.B.S./BDS in the Medical Colleges in Sindh for the year 1996-97.
(ii) Those who have passed Intermediate Science (Pre-Medical Group)/B.Sc. (Biological Science)
Annual Examination of 1996 or equivalent examination and secured at-least 50% of the marks.
(iii) Those who have passed Intermediate Science (Pre-Medical Group)/B.Sc. (Biological Science)
Supplementary Examination of 1995 or any other equivalent examination of 1995 whose result has been declared after the closing date of applications of session 1995-96 and before the last date for receiving applications for session 1996-97 and secured at-least 50% marks.
(iv) Those who have passed Intermediate Science (Pre-Medical Group)B.Sc. (Biological Science)
Annual/Supplementary Examination of 1994 and could not be considered in last session due to late issue of domicile/P.R.C. Or late declaration of result or late issue of marks certificate. This claim shall have to he supported by proper documentary evidence."
9. The rules mentioned hereinabove clearly show that, every candidate for admission to the 1996- 97 session must fall within one of the three categories mentioned therein whereas the case of the petitioner does not fall within any of the said categories. The petitioner cleared his Intermediate Pre-Medical Examination in 1995 from Board of Intermediate & Secondary Education, Maharashtra Bombay in the year 1995 and he applied for the admission during the session 1996-97. The only candidates who passed Intermediate Examination in the year 1996 were eligible as per Rule-2 sub- Clause (ii) (III - Rules of admission) for Session 1996-97. The Chandka Medical College, Larkana is affiliated with Sindh University, Jamshoro therefore, candidates who passed the examination from the Board other than Pakistan were required to obtain and produce equivalence certificate from University of Sindh under Rule 7 (c) (III - Rules of Admission) for Session 1996-97 and not from the Inter Board Committee.
The procedure of Boards conducting the intermediate examination in Pakistan is same but in foreign countries it is different. The certificate of petitioner reveals that in Bombay Board Mathematic is included alongwith Biology whereas it is not so in Pakistan. Likewise two other subjects Pakistan studies and Islamic Studies/Ethics are compulsory subjects in Pakistan for qualifying the Intermediate examination. The petitioner did not pass any of these subjects. The respondent No. 2 has followed the rules correctly therefore, petitioner is not eligible to be considered for admission in the first professional M.B.B.S. Course during academic session 1996-97 because he cleared his intermediate examination in 1995. Only those candidates who cleared in 1996 from Sindh were eligible for admission. According to equivalance certificate issued by the respondent No. 3 petitioner could not compete or apply for admission, having less marks than those candidates who were given admission against 32 seats reserved for Ghotki District. The formula deducting 20 marks of the petitioner was rightly applied in his case.
10. For the reasons recorded hereinabove petitioner is not entitled to the admission and the petition is not maintainable and is accordingly dismissed with no orders as to costs.