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Muhammad Usman Farooq vs Rawalpindi Medical University, Rawalpindi art — 2024 MLD 638 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 638 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Muhammad Usman Farooq vs Rawalpindi Medical University, Rawalpindi art
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Usman Farooq VS Rawalpindi Medical University, Rawalpindi art. 25-a---MBBS and BDS Prospectus For admission to Government Medical and Dental Institutions of Punjab issued by the University of Health Sciences, Lahore for session 2002-23, Sr. No.5---admission and procedure for Bachelor of Medicine and Bachelor of Surgery (MBBS)---Right to education ---In the present case, the petitioner duly qualified the 'MDCaT' and was on open merit list but due to late intimation by the Medical University itself, he was deprived of his fundamental right to education as guaranteed under article 25-a of the Constitution---High Court directed respondents (University of Health Sciences Lahore and Rawalpindi Medical University) to give admission to the petitioner in first year of MBBS sessions 2022-23 ---Constitutional petition was allowed , in circumstances . Citation Name: 2024 MLD 638 LAHORE-HIGH-COURT-LAHORE Muhammad Usman Farooq VS Rawalpindi Medical University, Rawalpindi Internal governance and affairs of educational institution---Non-interference by Courts---Principle and exceptions---Procedure and conditions of admission for Bachelor of Medicine and Bachelor of Surgery (MBBS)---MBBS and BDS Prospectus For Admission to Government Medical and Dental Institutions of Punjab issued by the University of Health Sciences, Lahore, for session 2002-23, Sr. No.5---Petitioner was denied admission solely on the ground that on the target date, he failed to produce all the original documents himself as was required under the MBBS and BDS Prospectus For Admission to Government Medical and Dental Institutions of Punjab issued by the University of Health Sciences, Lahore, for session 2022-23 ('the Prospectus') and instead his father presented photocopies of the required documents---In the prospectus, a detailed procedure and conditions of admission were enumerated---Serial No.5 of the procedure and conditions of admission deals with joining of selected candidates, and clause-I of Serial No. 5 clearly manifests that a candidate who is selected for admission shall be informed through short message service (SMS)/Email---In compliance of the said condition, the petitioner was informed through letter dated 21st March, 2023, which was actually letter dated 21st January, 2023 whereby target date was also wrongly mentioned as 24th January, 2022, which was actually 24th January, 2023---Said letter was dispatched on 25th January, 2023 and delivered on 26th January, 2023---SMS was also conveyed to the petitioner on 24th January, 2023 at 12:58 pm (as is evident from relevant page of the petition, which was not seriously refuted by the respondents (University of Health Sciences Lahore and Rawalpindi Medical University)---It was thus evident without any hint of doubt that the petitioner was informed at the last moment and apparently it was impossible for him to meet the requirements for admission---Apparently, there was no fault on the part of petitioner but he was penalized stringently---There is no cavil that ordinarily courts exercise restraint in interfering with the internal governance and affairs of the educational institutions and keep their hands-off the educational matters and avoid dislodging decision of the university authorities but this is not a rule of universal application though it may be followed generally---Petitioner had thus duly made his case for issuance of writ to the respondents--- High Court directed respondents ( University of Health Sciences Lahore and Rawalpindi Medical University) to give admission to the petitioner in first year of MBBS sessions 2022-23 --- Constitutional petition was allowed , in circumstances

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