PESHAWAR, Feb 9: The Peshawar High Court on Wednesday reserved its judgment on nine writ petitions challenging admissions offered to some students, including a brother of the NWFP health minister, in medical colleges of the province.

In six of the petitions, a corrigendum issued by the health department in the prospectus of medical colleges has been challenged. Through the corrigendum the admission policy for backward areas was changed.

Three of the petitioners said that the policy had been changed for granting admission to Kifayatullah, brother of NWFP Health Minister Enayatullah Khan.

Before that corrigendum was issued, the eligibility for a candidate applying against seats reserved for backward areas of Upper and Lower Dir districts was that a male candidate should have passed his first and second year FSc (pre-medical) examination from the respective district. The condition was not applicable to female candidates.

The policy also applied to other backward areas, including Shangla, Gadoon and Amanzai. For Chitral, the condition applied to both male and female candidates.

Through the corrigendum issued on Oct 26, 2004, the eligibility was changed and it was mentioned that the candidate should have studied in the backward area.

Advocate Abdul Lateef Afridi appeared for one of the petitioners, Rafiullah, who had challenged admission of Kifayatullah.

The lawyer argued that a corrigendum was meant for clarifying something. He said the eligibility condition mentioned in the prospectus was crystal clear, but after the corrigendum it became vague.

Mr Afridi informed the court that Kifayatullah had passed his first year exam from Islamia College, Peshawar, but he migrated to Upper Dir in the second year.

He said that as Kifayatullah was not eligible for admission, a corrigendum was issued by the health secretary stating that a male candidate who studied in Upper Dir would be eligible.

Atif Ali Khan, counsel for Kifayatullah, argued that the corrigendum was issued in time and his client was then eligible for admission.

The bench observed that the term 'education' used in the corrigendum was vague and it was not clear whether it meant acquiring entire education in the district or only first year or second year.

Advocate Waseemuddin Khattak appeared for the Joint Admission Committee of Medical Colleges.

He argued that the corrigendum was attached in the prospectus and once a candidate applied under it he/she could not challenge it.

Advocates M. Sardar Khan and Imtiaz Ali, represented Neelofar Jalil and Maria Saeed, who had applied against seats reserved for Chitral. They stated that there was only one girls college in Chitral where no female staff was available.

The lawyers pointed out that the petitioners had to study outside the district, therefore they should be eligible for admission.

The bench comprising Chief Justice Nasirul Mulk and Qaim Jan Khan reserved the order after completion of arguments by the counsel for petitioners and respondents.