| Case ID |
0c1498dd-82ff-4a54-a7dc-ca1a4064977d |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 35-K of 1999 in Civil Pe |
| Decision Date |
Jan 04, 2000 |
| Hearing Date |
Jan 04, 2000 |
| Decision |
The Supreme Court of Pakistan has dismissed the review petition filed by Miss Rizwana Andaleeb. The petitioner argued that her admission to Chandka Medical College was hindered in the previous session due to the late issuance of her domicile/permanent resident certificate. However, the court determined that this issue was not raised in the High Court nor included in the petition for leave to appeal, and the petitioner failed to provide a copy of the earlier admission form or the rejection order. Consequently, the Supreme Court concluded that the review petition did not present any new grounds that could alter the decision already rendered, leading to the dismissal of the petition under the limited scope of review provisions. |
| Summary |
In the landmark decision rendered on January 4, 2000, the Supreme Court of Pakistan addressed Civil Review Petition No. 35-K of 1999 in Civil Petition No.485-K of 1999, concerning Miss Rizwana Andaleeb’s admission to Chandka Medical College, Larkana. The petitioner, represented by Advocate Muhammad Muzaffar-ul-Haque, contended that her admission was obstructed in the previous session due to delays in issuing her domicile or permanent resident certificate, as per Article 188 of the Constitution of Pakistan (1973) and Supreme Court Rules, 1980, O.XXVI, R.1. The petitioner argued that under these provisions, candidates facing such administrative delays should remain eligible for admission. However, the Supreme Court, presided over by Justices Wajihuddin Ahmed and Kamal Mansur Alam, scrutinized the procedural aspects of the plea. It was noted that the petitioner did not raise this specific grievance in the High Court nor mention it in the petition for leave to appeal to the Supreme Court. Furthermore, the petitioner failed to produce the earlier admission form or the corresponding rejection order to substantiate her claims. The court emphasized that the scope of a review under Supreme Court provisions is limited and does not constitute a further appeal. After meticulous deliberation, the Supreme Court determined that the petitioner’s arguments did not present any new facts or legal grounds capable of altering the original decision, thereby dismissing the review petition. This case underscores the stringent procedural requirements for raising administrative issues in higher courts and delineates the boundaries of review jurisdiction within Pakistan's judicial system, reinforcing the principle that subsequent petitions must present novel and unaddressed evidence or arguments to warrant a re-examination of prior rulings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Chandka Medical College, Larkana
|
| Judges |
WAJIHUDDIN AHMED,
KAMAL MANSUR ALAM
|
| Lawyers |
Muhammad Muzaffar-ul-Haque,
Nemo
|
| Petitioners |
Miss RIZWANA ANDALEEB
|
| Respondents |
another,
PRINCIPAL, CHANDKA MEDICAL COLLEGE, LARKANA
|
| Citations |
2000 SLD 932,
2000 SCMR 1221,
2000 SLD 1344
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980
|
| Sections |
Art. 188,
O.XXVI, R.1
|