Legal Case Summary

Case Details
Case ID 2c878f18-0300-4993-8d21-9753823c8964
Body View case body.
Case Number Civil Appeal No. 19-Q of 1994
Decision Date Jun 23, 1997
Hearing Date
Decision The appeal was dismissed as the Supreme Court found no merit in the case. The court upheld the decision of the Selection Committee, which rejected the appellant's application for admission to Bolan Medical College on the grounds that the appellant had not acquired the requisite education in the Province of Balochistan. The court noted that the reasons provided by the appellant for studying outside Balochistan did not constitute cogent reasons as required by the prospectus of the college. The bench emphasized that the conditions stipulated in the prospectus aimed to ensure that all candidates had similar educational backgrounds, reinforcing the importance of local education for applicants.
Summary This case revolves around the admission criteria for Bolan Medical College, Quetta, under the Constitution of Pakistan, 1973. The appellant, Fateh Ali, challenged the rejection of his application for not meeting the educational requirements set out in the college's prospectus, specifically that candidates must have completed their Matriculation and Intermediate examinations within Balochistan unless they can provide compelling reasons for studying elsewhere. The Supreme Court's decision reinforces the importance of local educational qualifications for admission into medical programs, reflecting the court's position on maintaining standards and ensuring that candidates are bona fide residents of Balochistan. The ruling highlights the need for applicants to present compelling, unavoidable reasons for studying outside their home province, which should not simply be based on the desire for better educational opportunities. The court ultimately dismissed the appeal, concluding that the reasons presented by Fateh Ali did not meet the threshold of 'cogent reasons' as outlined in the prospectus. This case serves as a significant reference for educational admissions and the legal interpretation of residency and educational requirements in Pakistan's higher education system.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges AJMAL MIAN, MUKHTAR AHMAD, JUNEJO, MUNAWAR AHMAD MIRZA
Lawyers S.A.M. Quadri, M.K.N. Kohli, M. Riaz Ahmed
Petitioners FATEH ALI
Respondents PROVINCE OF BALOCHISTAN through Secretary, Health and others
Citations 1997 SLD 336, 1997 SCMR 1687
Other Citations 1995 SCMR 221
Laws Involved Constitution of Pakistan, 1973
Sections 185(3)