' HAMID ALI MIRZA, J.--These civil petitions for leave to appeal are directed against the judgment dated 13-12-2000 in Writ Petition No,1270 of 2000, whereby the said writ petition was dismissed by a learned Division Bench of Peshawar High Court.
2. The brief facts in C.P. 474-P of 2000 are that petitioners filed a Constitutional petition before Peshawar High Court under Article 199 of the Constitution of Islamic Republic of Pakistan, wherein they challenged the Admission Policy of the Government of N.-W.F.P. Health Department with regard to admission in Medical and Dental Colleges for the Session 20002001 only in respect of para. B(i)(a) with regard to Federal Reserved and quota seats for FATA, which reads as follows:- "50% of FATA seats are allocated to those FATA candidates who have studied and passed their SSC or equivalent examination from an educational institution located in FATA. If no candidate is available to be admitted against this allocated quota of FATA seats, the deficiency/shortfall will be met from the waiting list of the FATA candidates." ' on the grounds that the Provincial Government had no authority to frame the policy which being inconsistent to the policy already notified by the Federal Government (SAFRON) and that the same being discriminatory. The said petition was dismissed, consequently this petition has been filed in this Court.
3. We have heard Mr. Zahoorul Haq, Senior Advocate Supreme Court, for the petitioners in C.P. 474-P of 2000 and Mr. Salahuddin Khan, learned Deputy Attorney-General and Mr.Imtiaz Ali, Additional Advocate-General, N.-W.F.P. For the official respondents and have gone through the record.
4. The learned counsel for the petitioners in C.P. 474-P of 2000 submitted that Policy with regard to the admission in Medical and. Dental Colleges for the Session 2000-2001 framed by the official respondents in respect of the allocation of 50% seats for the FATA candidates who have studied and passed their SSC or equivalent examination from an educational institution located in FATA is illegal and unlawful as the Provincial Government had no authority to frame the said policy and also being inconsistent with the Federal Laws, notifications, rules and regulations. The learned counsel referred to Schedule 2, Entry No,36(i)(o) of the Rules of Business, 1973, Federal Government, at page 103, relating to States and Frontier Regions Division with regard to Tribal Areas for Nomination of candidates from the Federally Administered Tribal Areas for admission to various Medical Colleges against seats reserved for those areas, letters dated 8-6-2000, 4-5-1991, 26-5- 1991, 16-6-1991 and 6-11-2000 on record issued by official respondents and the impugned Policy at page 7 of the booklet on the admission policy for Session 2000-2001 under heading Federal Reserved Seat:. In Medical and Dental Colleges published by the Government of N.-W.F.P., Health Department in support of his contention.
5. The learned Additional Advocate-General for the official respondents has referred to paragraph 4, page 42, of Rules of Business. 1985, Government of the North-West Frontier Province. He further submitted that the Federal Government did not accept the representation of FATA students with regard to impugned admission policy as per letter dated 31-10-2000 of the Deputy Secretary who forwarded the said representation to the Secretary Home & T.As. Department, Government of N.- W.F,P., which appeared at page 44 of the paper book. He submitted that the initially admission policy was changed from time to time as per statement filed at page 2, part II, of paper book. He further submitted that as per letter dated 15th September, 1998 a meeting was held on 27-4-1998 under the Chairmanship of Governor N.-W.F.P. In which Secretary SAFRON, Islamabad also participated wherein a Joint Admission Committee of Khyber Medical College, Peshawar and Ayub Medical College, Abbottabad was formed where in paragraph 4 of the said letter certain decisions were taken with regard to Admission Policy. He also referred to paragraph 11 of the same. He submitted that the Medical Colleges are being run and managed by the Provincial Government, therefore, the Provincial Government has authority to frame the Admission Policy. He also referred to a decision of this Court I.A. Sherwani and others v. Government of Pakistan. C 1991 SCM R 1041 at page 1049(g).
6. Mr. Salahuddin Khan, the learned Deputy Attorney-General, submitted that since the Medical Colleges are being run and managed by the Provincial Government, therefore, he adopted the arguments of the learned Additional Advocate-General.
7. The learned counsel has failed to point out any law or regulation which could be said to be in conflict with the framing of the impugned admission policy. The learned counsel admitted that the said medical colleges are being managed and run by the Provincial Government. Under paragraph 41, page 40, of the Rules of Business, 1985, Government of the North-West Frontier Province, the business with regard to Admission of candidates from tribal areas to medical and other professional colleges against reserved seats is in the domain of the Provincial Government.
The impugned policy was framed in consultation with the Secretary SAFRON, Government of Pakistan, in the Joint Admission Committee. The policy with regard to the admission in medical colleges against the quota as made for the advancement of the socially backward people of that area so as to give protection to the students residing in those areas keeping in view the fact that the candidates of the said areas, i.e, FATA, would not be in a position to compete with those candidates of FATA studying in the urban areas of the Province. Admittedly, the policy was framed in the larger interest of the people living in the FATA who cannot study in the urban areas, therefore, the grievance of an individual with regard to the said policy cannot be given preference to override the larger interest of students studying inside FATA. The learned Division Bench of the High Court has given cogent and valid reasons for the dismissal of the Constitutional petition as per impugned judgment, therefore, no exception can be taken to the said finding except with regard to paragraph 10 of the judgment wherein petitioners Aim Sher and Amjad Rehman in C.P. 494-P of 2000, who had studied at Cadet College Ramzak, located in the tribal territory, were directed to be excluded from the merit list meant for the candidates educated from inside the schools and colleges of the tribal areas, considering that nothing was in the impugned policy that the candidates who had studied in Cadet College Ramzak which was located within FATA would be also barred from availing the benefit of the impugned policy. The Additional Advocate-General who appeared for official respondents in C.P. No,494 of 2000 conceded that the said finding was unwarranted and not legal, consequently said exclusion of the candidates named above is set aside. We find that there is nothing in the impugned policy which could deprive the petitioners in C.P. 494-P of 2000 from availing the benefit of the said policy and further the said petitioners were not party to the said Constitutional petition, therefore, said finding/observation in the judgment be ignored and deemed to have been set aside.
' In the result, C.P. No,47.4-P of 2000 is dismissed, while C.P. Nb.494-P of 2000 is disposed of in terms of the above order.