FAKHRUDDIN G. EBRAHIM, J.-The facts giving rise to this petition are that the petitioner passed her Intermediate Science in the Annual 1976 examination and applied for admission to the Medical College for the academic year 1976-77 for one of the 22 reserved seats for girls from Tharparkar District. The petitioner was on merit No. 23 and, therefore, no given admission. Subsequently, however, ore Miss Safia Durrani who ha been admitted to the College and who was on merit at No. 14 became disqualified and her vacant seat was- filled in by the respondent Miss Rehana Saba.
Miss Rehana Saba admittedly was not entitled to obtain admission in any Medical College in Sind for the academic year 1976-77 for such admission was open only to those students who had passed their Intermediate Science in the Supplementary Examination of 1975 or Annual Examination of 1976 while admittedly. Miss Rehana Saba had passed her Intermediate Science in Annual 1975. The petitioner is, therefore, right in contending that being neat in the line of merit she was entitled to the seat vacated by Miss Safia Durrani. We, therefore, hold that the petitioner was entitled to that) seat.
2. This is, however, not the end of the matter for there arc several equities in favour of Miss Rehana Saba who has been admitted and has been attending classes since her admission. This lady was duly qualified on merit to get the admission for the academic year 1975-76 but she was denied admission on the around that she did not possess the requisite domicile and the Permanent Residence Certificates. The lady had applied for the certificates well in time but on account of no fault of hers did not receive the g same until the last due date for submission of application for admission to Medical Colleges. In fact she had obtained the certificates long before the actual academic session started. She made representations in which ,she pointed out that she had been denied admission though entitled to the same on merit for no default on her part which received consideration at the highest/ quarter and ultimately it was ordered that she be admitted in the succeeding/c academic year 1976-77 provided she possessed the necessary merit in comparison to the candidates applying for admission for the academic year 1976-77. It was in these circumstances that the seat vacated by Miss Safia Durrani was directed to be filled in by Miss Rehana Saba.
3. Mr. Mohammad Sharif, the learned counsel for Miss Rehana Saba contended that it was open to the authorities concerned to amend on modify the Prospeotus and in the present case in fact it was modified so as to enable the inclusion of his client to the academic sessions 1976-77. To say the least we are doubtful whether a modification can be done to the Prospeotus so as to benefit a particular candidate as distinct from a modification generally applicable to all candidates. We must, however, observe that the fact cannot be lost sight of that Miss Rehana Saba had been wrongly denied admission for the previous academic year, she pursued the matter diligently and it was because of the equities is her favour that she was, as a special case given admission in the seat vacated by Miss Safia Durrani. Miss Rehana Saba was admitted though she was disqualified and the inference to be drawn, therefrom is that the authorities concerned admitted this student by creating P an additional seat, duly deserved by her, and therefore, her admission will not be disturbed by reason of the admission of the petition herein.
4. The result, therefore, is that this petition is allowed but subject to the afore-mentioned observations in relation to Miss Rehana Saba.