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2005 MLD 1347

MUHAMMAD JUNAID RAZZAQ VS BAHAUDDIN ZIKARYA UNIVERSITY, MULTAN through Vice-Chancellor, B.Z.U., Multan

Petitioner: MUHAMMAD JUNAID RAZZAQ VS Respondent: BAHAUDDIN ZIKARYA UNIVERSITY, MULTAN through Vice-Chancellor, B.Z.U., MultanHonorable Justice Maulvi Anwarul HaqMehar M. Zameer Hussain Sandhal,M. Tariq Rajwana

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

2005 M L D 1347

2005 M L D 1347

[Lahore]

Before Maulvi Anwarul Haq, J

MUHAMMAD JUNAID RAZZAQ---Petitioner

Versus

BAHAUDDIN ZIKARYA UNIVERSITY, MULTAN through Vice-Chancellor, B.Z.U., Multan and another---Respondents

W.P. No.664 of 2005, decided on 16th March, 2005.

Constitution of Pakistan (1973)---

----Art. 199---Constitutional petition--=Educational institution---Admission to Electrical Engineering Course in the University---Petitioner filed admission Form seeking Admission to Electrical Engineering Course of the University on Self-Finance basis and paid all requisite charges, took entry test and obtained 67.659% marks---Grievance of the petitioner was that though he had expressed his preference for category of a seat reserved for candidates having 'passed their Intermediate Examination from Multan, his Form was not considered and admission was not granted---Petitioner had stated that he had filed two admission forms, one against a Special Admission Charges Seat in S-category and one in open merit against a B-category seat and in one such form, preference was given for a category-S-seat and that Form also mentioned Special Admission Charges and that amount had been deposited---Other Form was titled as General Application Form and therein first preference had been given to the course "Electrical" and category was mentioned as 'B.S.'---Validity---Forms submitted by petitioner did not at all disclose that he had given preference for a category 'B' Seat in any of said Forms---If at all it was to be assumed that by writing 'B.S.', petitioner meant a category B-seat then it was with reference to open merit, and thus nothing turned on the same---Constitutional petition was dismissed with direction to return Forms to the University.

Mehar M. Zameer Hussain Sandhal for Petitioner.

M. Tariq Rajwana for Respondent.

ORDER

According to the contents of this writ petition, the petitioner filed a form for seeking admission to the Electrical Engineering Course of the respondent-University on self-finance basis and paid all the requisite charges. He took the entry test and obtained 67.659% marks. The grievance being made out is that although he had expressed his preference for category of a seat reserved for candidates having passed their Intermediate Examination, inter alia, from BISE, Multan, his form was not considered and admission was not granted.

2. This case came up on 11-2-2005 when the learned counsel stated that his client had filed two admission forms. One against a Special Admission Charges Seat in S-category and one in Open Merit against a B-Category Seat. A notice was accordingly issued to the respondents to file a reply.

3. Mr. M. Tariq Rajwana, Advocate, has put in appearance for the respondent-University. A reply has been filed along with the copies of the relevant forms. Both the original forms have also been produced for inspection and have been inspected. I find that in one such form, the preference was given for a category-S Seat. This form also mentions of the Special Admission Charges and that Rs.2,50,000 have been deposited by means of a Bank Draft, detail given in the form. The other form is titled as general application form and therein the first preference has C been given to the course Electrical and the category mentioned as B.S. To my mind the forms do not at all disclose that the petitioner had given preference for a category `B' Seat in any of the said forms. If at all it is to be assumed that by writing B.S., the petitioner meant a category B Seat then it is with reference to open merit, nothing turns on the same. I may note here that writ petition has been filed with reference to judgment dated 4-2-2005 passed by me in Writ Petition No.6866 of 2004. Now the facts of the said case were that whereas the petitioner in the said case stated that he had duly opted for a B-Category Seat against Special Admission Charges, he has not been considered. The respondent-University had denied this. However, with reference to its own record it was found that the said petitioner had, in fact, opted for a B-Category Seat as first preference and consequently orders were passed. The facts of the said case have no nexus with those of the present case. The writ petition accordingly is dismissed. The original forms be returned to the learned counsel for the respondent-University.

H.B.T./M-1041/L Petition dismissed.

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