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Petitioner: Miss SUGHRA BATOOL VS Respondent: DOW UNIVERSITY OF HEALTH SCIENCES through Registrar
Court Name: Sindh High Court Judge(s): Azizullah M. Memon, Khawaja Naveed Ahmed Title:Miss SUGHRA BATOOL vs DOW UNIVERSITY OF HEALTH SCIENCES through
Registrar Case No.: Constitutional Petition No.D-2093 and Miscellaneous No.7729 of 2007 Date of Judgment:2008-01-17 Reported As: 2008 CLC 1524 Result: Order accordingly Judgment ORDER ' Mr. Mehmood Hasan, Advocate while arguing the matter has drawn our attention to a reported judgment of this Court in the case of Abdul Qadir Shaikh v. Registrar, N.E.D. University 1992 CLC 2222. This case pertains to admission policy of N.E.D. University envisaged in the prospectus. In this said judgment the Court has observed that:--- "(17) In the present case, since the introduction of the new category 10.2.1(a) or 10.2.1(c) ex facie deprives the petitioners of their right to seek admission to the University, or as the case may be, restricts the same, the petitioners, therefore, have a right to maintain the petitions as aggrieved persons." ' The Court in paragraph 23 of the Judgment has also observed as under:--- "(23) It now remains to be determined: whether introduction of categories 10.2.1(c) or 10.2.1(a) in the prospectus issued for the year 1991-92 tantamounts to infraction of Article 25 or Article 37(c) of the Constitution." ' Finally, the Division Bench has observed as follows:- ' The said provisions, therefore, create a separate class not on the basis of domicile or permanent residence in Karachi or the basic qualifications but only on the basis of acquiring education outside Karachi Division. We, therefore, find no justification for such discrimination when it is not the case of the respondents that educational institutions situated outside Karachi Division are not equally recognized or cannot be treated at par with those inside Karachi Division." ' Contention raised by the learned counsel for the petitioner requires consideration in the light of the judgment cited by him and the relevant portions whereof reproduced by us herein-above, this
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petition is admitted to regular hearing. Till the pendency and final decision of the petition, the respondents are directed to grant provisional admission to petitioner Miss Sughra Batool daughter of Muhammad Khan at her own risk, costs and consequences, and allow her to attend classes of M.B.,B.S. First Year on payment of requisite fee/charges.