' NASIR-UL-MULK, J.--- By this single judgment Writ Petitions No,60, 61 and 148 of 2004 are disposed of as similar questions of facts and law are involved therein. The subject-matter of all the petitions is admission in Medical Colleges of N.-W.F.P. And other Provinces reserved for candidates from the Frontier Regions (FR) of N.-W.F.P. For the session 2003-2004.
2. Writ Petition No,60 of 2004 and Writ Petition No,148 of 2004 have been filed by Bahauddin and Dost Muhammad respectively. They both hail from F.R. Bannu and were initially selected by the Joint Admission Committee for nomination for admission by States and Frontier Regions Division (SAFRON). The recommendations were however, not accepted by SAFRON which brought about 17 changes in the recommendations of the Joint Admission Committee, including slashing of 3 seats from F.R. Bannu, reducing it from 8 to 5. The petitioner in Writ Petition No,61 of 2004, Ayesha Zaman belongs to F.R. Kohat. According to the minutes of the Joint Admission Committee, dated 27:12-2003 she was, on readjustment of seats, allocated a seat in Fatima Jinah Medical College, Lahore on the basis of combined Agencies/F.R's. Merit. She also was not finally nominated by SAFRON.
3. The petitioners claim that they were selected by the Joint Admission Committee in accordance with the prospectus issued by the Department of Health Government of N.-W.F.P. For the. Session 20032004, based on the allocation of seats made for the Frontier Regions in the summary prepared by the Secretary to the Governor on 4-1-2003 and duly approved by the Governor. The learned counsel representing the petitioners, Qazi Muhammad Jamil and Mr. Fazal Ilahi Khan, Advocates, submitted that according to the formula of distribution of seats for Frontier Regions four seats were allocated for the combined F.R.'s merits and two seats for each region. The result of this allocation was that out of the 90% seats reserved for students of F.R. Who have studied outside the Tribal Areas all four of the merit seats went to F.R. Bannu, in addition to the two seats reserved for the region. The region also got the two other seats reserved on the 10% quota for students educated in the Tribal Areas. Thus, F.R. Bannu in all got 8 seats, including the petitioners Bahauddin and Dost Muhammad. The learned counsel for the petitioners submitted that this selection was made in the meeting of the Joint Admission Committee in which the representative of the Governors Secretariat and SAFRON participated. Referring to para.(3) on page 17 of the prospectus the learned counsel submitted that the final selection of the candidates for FATA was to be made by the Secretary to the Governor, Governor Secretariat and SAFRON and since both these Departments were represented the selection so made was according to the prospectus.
4. SAFFRON was represented by the Deputy Attorney-General, the Joint Admission Committee by Mr. Wasimuddin Khattak, the Provincial Government by the Advocate-General and the two newly added respondents, Miss Sanodia Afridi and Ali Nawaz, by Mr. M. Sardar Khan and Mr. Waqar Ahmad Seth, Advocates. All the learned counsel representing the respondents opposed the petitions. The learned counsel for the Joint Admission Committee submitted that the selection made by the Committee was provisional and the final nominations for the various FATA seats were to be made by SAFRON in accordance with the prospectus. The learned Deputy Attorney-General referred to the Rules of Business of the Federal Government and pointed out that according to Clause 7(o) of Item No,19 of Schedule H Kashmir Affairs and Northern Areas and States and Frontier Regions Division was assigned the function of nomination of candidates from FATA for admission to medical colleges reserved for areas. He therefore, contended that SAFRON was the only authority to make nominations for the reserved seats. Mr.' M. Sardar Khan, Advocate, referred to the policy of SAFRON incorporated in the letter, dated 16-6-1991 and the decision taken in the meeting of 27-4- 1998 chaired by the Governor N.-W.F.P. And attended, besides others, by the Federal Secretary SAFRON, in which the seats for various agencies and F.Rs, of FATA had been allocated. The learned counsel submitted that this policy was continuously followed and that the summary of 4-1-2003 was unilaterally made by the Governor Secretariat, without taking SAFRON into confidence. He further pointed out that the distribution of -seats amongst the different regions of FATA were based on the population of each region and the' allocation or seats made by the Joint Admission Committee had resulted in inequitable distribution of these seats.
5. The cases of Bahauddin and Dost Muhammad Khan petitioners are taken up first, as they both belong to F.R. Bannu and though selected by. The Joint Admission Committee were dropped by SAFRON from the final list of nominations to the Medical Colleges. Admittedly if the policy embodied in the summary of 4-1-2003 is followed the two petitioners would be entitled to admission in Ayub Medical College. The Joint Admission Committee made their selection on the basis of that policy.
On the other hand if the policy earlier in vogue since the Session 1999-2000 is to be applied the petitioners will have no case for admission on the reserved seats. The question, therefore, would be as to which of the two policies is to be applied.
6. As, pointed out by the learned Deputy Attorney-General Clause 7 of Item No,19 of Schedule II to the Rules of business of the Federal Government, affairs of the Tribal Areas have been assigned to "Kashmir Affairs and Northern Areas and States 'and Frontier Regions Division". Clause 7 enumerates the specific functions of SAFRON in relation to the Tribal Areas, sub-clause (o) of which provides "nomination of candidates from the Federally Administered Tribal Areas for admission to various medical colleges against seats reserved for those areas". Undoubtedly the nomination of candidates for these reserved seats has been exclusively as signed to SAFRON. Obviously the distribution of seats amongst the different agencies and F.Rs, of FATA would also be the function of SAFRON. According to the summary, prepared and approved by the Governor for "admission of FATA candidates in medical and dental colleges of the country for the session 1999-2000" a decision was taken in a meeting held on 27-4-1998 chaired by the Governor N.-W.F.P. And attended by the Federal Secretary SAFRON Chief Secretary, N.-W.F.P. And Additional Secretary (FATA), Home and Tribal Affairs Department In this meeting besides other matters seats were distributed amongst the agencies and F.Rs, The F.Rs, were divided into 3 groups. F.R. Peshawar and Kohat were combined into one group and were given 7 seats, 3 from each and one on combined merit. F.R.
Bannu and Lakki were jointly given 5 seats, 3 on combined merits and one from each The third group comprised of F.R. D.I. Khan and Tank with 5 seats, one seat each on merit and the 3 on combined merits. The combined merit seats were to be distributed within the group. This was also clearly laid down in the policy letter dated 16-6-1991. SAFRON redistributed the selection made by the Joint Admission Committee in accordance with the above formula. The Deputy Secretary SAFRON vide letter, dated 6-2-2004 addressed to the Governor's Secretariat defended the reallocation of the seats by. SAFRON by pointing out that the changes made in the above policy by the Governor's Secretariat was done unilaterally without the approval of the Federal Government.
This letter was written, in response to the letter, dated 15-1-2004 from the Governor's Secretariat taking exception to SAFRON changes in the allocation of seats by the Joint Admission Committee.
7. The selection of candidates by the Joint Admission Committee F.R. Was based on the summary prepared for the Governor dated 4-1-2003. It is signed by the Secretary to the Governor but in the comments of the Governor's Secretariat it has stated that the same had approval of the Governor.
The summary makes no mention of either the association or approval of SAFRON with the policy contained in the summary. As stated earlier the authority to nominate candidate for admission on the reserved seats for. FATA in professional colleges, has been conferred, by the Rules of Business, on SAFRON. Without the approval of SAFRON of the distribution of seats mentioned in the summary of 4-1-2003 the previous policy laid down in the meeting of 274-1998, referred to above and in the letter of 16-6-1991 was therefore, to be followed. Even the prospectus for the current session F clearly states that the selection made by the Joint Admission Committee would be finalized by the Governor's. Secretariat and SAFRON. The final authority as stated earlier for the nomination of candidates is SAFRON. The selection of the candidate by the Joint Admission Committee was; therefore, not final and did not create any vested right in the selectees. Presence of the representative of SAFRON in the meeting of the Joint Admission Committee would not be an estoppel against SAFRON if the selection by the Committee was against the prescribed policy of SAFRON.
8. According to the formula in the summary of 4-1-2003, which was followed by the Joint Admission Committee, 90% of the seats for F.R. Were reserved for students studying outside the Tribal Areas and 10% for those from institutions in the Tribal Areas in accordance with the direction given by the Honourable Supreme Court. The 90% quota, which is the bone of contention here each F.R. Was given two seats whereas four seats were reserved for the combined F.R. Merits. The candidates from Bannu having 'good merits took away all the four combined merit seats. They were allocated the 2 reserved seats and further to that were added two seats for combined F.R. Merit of the 10% quota reserved for students obtaining their education from the Tribal Areas. Thus, in all F.R. Bannu was allocated 8 seats. The four combined merit seats for F.Rs, was contrary to the policy of SAFRON which provided for reservation of combined merits seats within the same group. The selection made by the Joint Admission Committee on the basis of this new formula was utterly disproportionate to the population of the respective F.Rs, According to the list furnished by the respondents F.R. Kohat with over 88,000 population were given four seats by the Committee and F.R. Peshawar with over 53,000 population two seats, whereas F.R. Bannu with just over 19,000 population were allocated 8 seats. This also violated the underlying principle of equitable distribution of seats among different F.Rs,
9. From the above discussion it follows that the selection made by the Joint Admission Committee was not in accordance with the formula for distribution of seats amongst FATA candidates as laid down by SAFRON, the competent authority. That, therefore, SAFRON had rightly redistributed the seats in accordance with its own policy already laid down. As regards the case of Miss Ayesha Zaman, it may be pointed out that although in the minutes of the Joint Admission Committee it was decided that due to re-adjustments she be given seat reserved in Fatima Jinah Medical College, Lahore on the basis of combined agencies/F.Rs, merit. However, in the list of selectees prepared by the Committee her name was not included. She hails from F.R. Kohat. According to the merit list provided she figures at No,5 on merit from F.R. Kohat. According to the allocation of seats by SAFRON 7 seats have been reserved jointly for F.R. Peshawar and Kohat, 3 each on merit and one on combined merit. F.R. Kohat has already been allocated 4 seats, 3 of its reserved seats and the one combined merit. All the four seats having been filled up and there is no seat left on which Miss Ayesha Zaman could be admitted as she was 5th on the merit list from F.R. Kohat.
We, therefore, conclude that the nominations made by SAFRON for admission on seats reserved for the different Frontier Regions of N.-W.F.P. Are in accordance with its valid policy and do not require our intervention. The petitions are, therefore, dismissed.