QUETTA: The Balochistan High Court has abolished special seats in the Bolan Medical College and said the creation of such seats in categories A, B, C, D and E in the prospectus of the college is clear violation of articles 25 and 37 of the Constitution.

A division bench of the court comprising Justice Jamal Khan Mandokhel and Justice Mohammad Ejaz Swati issued the judgment on a petition of Moin Akhtar who had sought admission against the seat reserved for D category.

The court said that unclaimed and unfilled seats reserved for foreign nationals, the Federally Administered Tribal Areas, Azad Jammu and Kashmir, Northern Areas, Punjab (reciprocal) and Sindh (reciprocal) could be filled on the self-finance basis because allocation of such seats in the public sector college meant to accommodate the privileged class that negated the merit.

The court observed that such provision in the prospectus was ultra vires of the Constitution and violated articles 25 and 27 and, therefore, declared it null and void. However, those who had already been given admission against special seats would not be affected by the verdict, it added.

The court observed that categories F and G related to the disabled and minorities of Balochistan and article 36 of the Constitution allowed it and, therefore, shall remain intact.

“The petitioner, whose father is ‘now’ not an official of the Bolan Medical College and has joined the education department, cannot be accommodated against the seat reserved for special category D. His candidature has rightly been declined by the respondents (the college’s selection committee),” the verdict said.

In another judgment on the petition of one Mohammad Hanif Khan seeking to change the faculty in Bolan Medical College from Bachelor of Medicine, Bachelor of Surgery (MBBS) to Bachelor of Dental Surgery (BDS), the court said it could not be permitted.

It said that arguments by the counsel for the parties suggested that there was a lot of difference between the subjects of MBBS and BDS — duration of courses (five years for MBBS and four years for BDS), pattern of papers, practical and marks.

“At this stage if permission is granted for interchange, the petitioner cannot cover the subjects since this is a technical matter relating to human body and life,” the court observed.

Published in Dawn, February 6th, 2015

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