FATIMA NADEEM vs PROVINCE OF THE PUNJAB arts — 2022 MLD 1922 LAHORE-HIGH-COURT-LAHORE

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FATIMA NADEEM VS PROVINCE OF THE PUNJAB arts.25 & 37(c)---Educational Institution---admission in medical college---Improved marks---Discrimination---Principles of policy---access to technical and professional education---Petitioners were aggrieved of not including their improved marks, obtained in Special Examination, while preparing final merit for admission in MBBS/BDS by authorities---Contention of petitioners was that improved marks of candidates in the category of 'delayed result candidates' was accepted by authorities but that of petitioners obtained under 'Special Examination' were not included in their lists---Validity---after declaration of original result for HSSC and a-level examination, all students had a right to attempt for improvement of marks in respective Special Examinations---Petitioners and other candidates appeared accordingly in examinations and their results were declared on same dates---Separate Class was created within similarly placed person, by introducing technical condition in computer system---Technicality introduced in computer system was though a policy matter but it offended fundamental right of 27 candidates under art. 37(c) read with art.25 of the Constitution by creating a class within a class---Petitioners already applied for substitution of their improved marks before cut-off date which request was declined through written orders or by not entertaining their applications---By rejecting request for substitution of marks, authorities were ousting petitioners for a technicality, from being considered on merit, which was violation of fundamental right under art.25 read with art.37(c) of the Constitution---High Court directed the Vice Chancellor of University Health Sciences to ensure that improved marks of petitioners and others were included in their respective applications for admission by substituting original marks till cut-off date, while preparing merit list for admissions for MBBS/BDS in question---Constitutional petition was allowed, in circumstances.

FATIMA NADEEM vs PROVINCE OF THE PUNJAB arts — 2022 MLD 1922 LAHORE-HIGH-COURT-LAHORE

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