THE COLLEGE/ RESPONDENTS RECEIVED THE FEE FOR MBBS

BEFORE THE CITY HIGH COURT,

CITY BENCH

Writ Petition No. __________-A/0000

 

Name daughter of Name, resident of Name, presently Student of Name 0nd Year, Name, City.

 

…PETITIONER

 

VERSUS

   

  1. Principal, Institute Name, City.
  2. Director Academics, Institute Name, City.
  3. Director Finance, Institute Name, City.

 

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, SEEKING DECLARATION/ DIRECTION TO THE EFFECT THAT, PETITIONER BEING BONAFIDE STUDENT OF Name 0ND PROF. 0ND YEAR, IN RESPONDENTS COLLEGE, WHO APPEARED IN MBBS 0ST PROF. ANNUAL EXAMINATION 0000. UNDER ROLL NO 0000 IN THE MONTH OF SEPTEMBER/OCTOBER, 0000 AND UPON DECLARATION OF RESULT ON 00/00/0000, THE PETITIONER WAS FAILED IN THE PAPER OF ANATOMY BY 00 MARKS IN WRITTEN, AGAIN APPEARED IN SUPPLEMENTARY EXAMINATION IN JANUARY/ FEBRUARY, 0000, AND UPON DECLARATION OF RESULT, THE PETITIONER WAS AGAIN FAILED BY 00 MARKS IN WRITTEN, THE COLLEGE/ RESPONDENTS RECEIVED THE FEE FOR MBBS (0ND PROF). FROM PETITIONER IN ADVANCE BUT ARE NOT ALLOWING TO ATTEND THE CLASSES OF MBBS 0ND PROF. 0ND YEAR, THE ACT OF THE RESPONDENTS IS ONLY AGAINST THERE OWN PRESIDENTS, AGAINST THE DECISION OF HONOURABLE COURTS OF COUNTRY BUT ALSO AGAINST THE LAW OF LOCUS POENITENTIAE, AS DESPITE RECEIVING THE ADVANCE FEE FROM RESPONDENTS HAVE NO RIGHT OR AUTHORITY UNDER THE LAW TO DEPRIVE THE PETITIONER FROM ATTENDING THE CLASSES, HENCE, THE RESPONDENT BE DIRECTED TO ALLOW THE PETITIONER TO ATTEND THE CLASSES OF MBBS 0ND YEAR, AND HER APPEARANCE IN ANNUAL EXAM, SO AS TO SAVE THE PRECIOUS YEAR AND TIME FROM GOING INTO WASTE. ANY OTHER RELIEF/ DIRECTION WHICH THIS HONOURABLE COURT DEEMED FIT AND PROPER IN THE CIRCUMSTANCES BE ALSO GIVEN FOR THE ADMINISTRATION OF JUSTICE.

====================================

 

It may please your lordships;-

 

The facts giving rise to the instant petition are arrayed as under;-

 

  1. That, petitioner after qualifying in her Name examination, applied for admission in Name 0st Proessional in respondents college on open merit.
  2. That, college respondent is a renowened, Medical Institution for Women Students in the country, the petitioner after paying huge amount as Admission/ Tuition fee get admitted in MBBS 0st And after completing her academic Session appeared in annual exams in September/October, 0000.
  3. That, result as declared in December 0000, in which petitioner was declared failed in the paper of Anatomy by 00 Marks in written, however, was passed in oral. (Copy of the DMC is appended as annexure “A”).

 

  1. That, petitioner was re-appeared in the supplementary Examination 0000, in the month of Name, 0000 and result was declared on 00/00/0000, in which petitioner was again failed in paper of Anatomy by 00 Marks in written, and was passed in oral. (copy of DMC is appended as Annexure “B”).

 

  1. That, college respondents who are bound as per PM&DC rules to send the list of the students of the 0st year BDS for registration as Medical Students to register PM&DC alongwith the requisite registration fee within the period of 00 months from the date of admission, the respondents college sent application forms of 00 students of BDS class session 0000, for the purpose of registration with PM&DC alongwith a cheque of registration fee in respect of 00 students, in which the name of the petitioner was at serial No. 0. (Copy of the letter dated 00/00/0000 is annexed as Annexure “C”).

 

  1. That 0st BDS session was started in the mid of December, 0000, the petitioner attended and completed the entire academic course, appeared in the 0st Prof examination 0000 under Roll No. 0000 with university respondents in November, 0000 and result was declared in January 00st, 0000 and petitioner was declared pass. (Copies of DMCs are annexed as Annexure “D”).

 

 

  1. That, petitioner was promoted to 0nd BDS, the college respondent received the fee from the petitioner US Dollars 0000, the petitioner after completing his academic course appeared in the examination and was succeeded. (Copy of the fee receipts and DMCs are annexed as Annexure “E” & “F” respectively).

 

 

  1. That, petitioner was promoted to 0rd BDS by the college respondents, the petitioner paid the tuition fee in dollars, completed his academic session, appeared in 0rd Prof annual examination under respondents university in January, 0000 the result was declared in May 00st, 0000 and petitioner was succeeded as well. (Copy of the receipts and DMC are annexed as Annexure “G” & “H” respectively).

 

 

  1. That, petitioner was promoted to 0th BDS by the college respondent, the petitioner paid the tuition fee, completed his academic session, the university respondents issued Roll No. to the petitioner for appearing in annual examination, 0000, the examination were started from 00/00/0000 and the result is still awaited. (Copies of the receipts and roll No. slips are annexed as Annexure “I”, “I-1” & “J” respectively).

 

 

  1. That the college respondents through letter dated 00/00/0000 sent a revised list of petitioner’s sessions i.e 0000 in which the name of petitioner was figured at serial No. 00 by the Principal Institute Name, City depriving the petitioner from the process of his registration as just after declaration of his Final Prof. result, he can only join his house job if he has been registered with the PM&DC. (Copies of the letter and revised list are annexed as Annexure “K” & “L” respectively).

 

 

  1. That feeling aggrieved of the illegal, unlawful, arbitrary, malafide, without jurisdiction and beyond jurisdiction, acts of respondents inter-se by depriving the petitioner without having any fault for the purpose of registration, comes to invoke the extraordinary jurisdiction of this Honourable Court by way of instant constitutional petition, inter-alia, amongst many others;-

 

 

GROUNDS;-

 

 

  • That the BDS course in Institute Name, City was started in the year 0000 and the PM&DC recognized 00 seats for BDS course which were carried out till the session 0000, the Dental Section of Institute Name only admitted as students for each session as per recognition of PM&DC.

 

 

  • That the PM&DC enhanced/ increased the number of seats from 00 to 00 in the year/ session 0000 and same has been incorporated in the prospectus of Medical & Dental colleges of Name framed under command and control of government (respondent No. 0). (Copy of the prospectus is annexed as Annexure “M”).

 

 

  • That it is worth to mention that the PM&DC and the respondents college despite having increased the number of seats from 00 to 00 did not registered the students which were in excess of 00 number, meaning thereby the remaining 00 students were deprived from their basic rights to be registered with the PM&DC as BDS students, the students of Sessions 0000 and 0000 were registered later on, on the favourtism by the PM&DC and again directed the respondent college only purpose an undertaking was signed by the Vice Chancellor, Institute Name and the Principal Institute Name. (Copies of the undertaking are annexed as Annexure “N”, “N-1” respectively).

 

 

  • That, the PM&DC and respondents college interse are not deciding the fate of the students from session 0000-00 and onward till session 0000-00 and the fate of he students more than 00 upto 00 are still in pipeline.

 

 

  • That, the college authorities admitted students upto 00 students as per prospectus and after completing the codal formalities to allow them to continue their studies in the entire course of BDS appeared in the examinations held by the respondents university, their result were declared and those students who were succeeded have all the rights to proceed further, to issue of registration and non-registration is in between the PM&DC and respondent college for which the students are not responsible for any administrative/ procedural/ law but they have been suffering from their legal rights.

 

 

  • That, when the petitioner was allotted roll No. 0 at the time of his admission in BDS 0st which was continued till his final Prof. as evident from the fee receipts of the petitioner annexed with the petitioner and his name falls within 00 seats and subsequently his name has been mentioned in revised list in serial No. 00 is not only against the official record of the respondents college but also smells that some blue eyed students are accommodated within the 00 numbers of students to get their registration done in highly discriminatory way.

 

 

  • That, every stretch of imagination the name of the petitioner as per alphabetical order or as per date of admissions figures within the 00 numbers of students, hence, the act of respondents is aimed to deprive the petitioner from his legal right.

 

 

  • That there is no other alternate, adequate remedy available to the petitioner, except the titled petition.

 

 

  • That court fee worth Rs. 500/- is attached with the petition.

 

It is, therefore, most humbly prayed that by accepting the instant petition, the respondents may graciously be directed to register the name of the petitioner within 00 students without any delay and with immediate effect in order to avoid any further inconvenience on part of the petitioner due to unconstitutional act of the respondents interse.

 

INTERIM RELIEF;

It is further prayed that respondents may graciously be directed to register the name of the petitioner within 00 students without any delay and with immediate effect till final disposal of titled writ petition.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

VERIFICATION:-

 

Verified on oath that the contents of forgoing writ petition are true and correct to the best of our knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

…PETITIONER

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

…PETITIONER

 

VERSUS

 

Name, through Secretary Health, Govt. of  Province, City & others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name son of Name, C/o Name. Presently Student of Name, Dental Section, Institute Name, City, do hereby solemnly affirm and declare that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

DEPONENT

Identified by;

 

 

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

…PETITIONER

 

VERSUS

 

Name, through Secretary Health, Govt. of  Province, City & others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

…PETITIONER

 

VERSUS

 

Name, through Secretary Health, Govt. of  Province, City & others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

…PETITIONER

 

VERSUS

 

Name, through Secretary Health, Govt. of  Province, City & others.

…RESPONDENTS

 

 

WRIT PETITION

 

 

ADDRESSES OF THE PARTIES

 

 

Respectfully Sheweth:-

 

Addresses of the parties are as under:-

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

 

…PETITIONER

 

 

VERSUS

 

 

  1. of Province, through Secretary Health, Govt. of Province, City.

 

  1. Institute Name, through Registrar, PM&DC, C/o G-00/0, Name, City.

 

  1. Joint Admission Committee (JAC), C/o Institute Name, City.

 

  1. Name, through Vice Chancellor Name, City.

 

  1. Name, through Controller of Examination, Name, City.

PM&DC

  1. Principal/ Dean, Name, City.

 

  1. Incharge Dental Section, Name, City.

 

  1. Incharge Student Affairs Section, Name, City.

 

…RESPONDENTS

 

 

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. __________-A/0000

 

Name son of Name, C/o Name. Presently Student of JJJ, Forth Professional, Dental Section, Institute Name, City.

…PETITIONER

 

VERSUS

 

Name, through Secretary Health, Govt. of  Province, City & others.

…RESPONDENTS

 

WRIT PETITION

 

INDEX

S. # Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 16
2. List of Books 17
3. Addresses of the parties 18 to 19
4. Copy of the letter “A”
5. Copies of the bank receipts “B” & “B-1”
6. Copy of the letter dated 00/00/0000 “C”
7. Copies of DMCs “D”
8. Copy of the fee receipts and DMCs “E” & “F”
9. Copy of the receipts and DMC “G” & “H”
10. Copies of the receipts and roll No. slips “I” “I-1” & “J”
11. Copies of the letter and revised list “K” & “L”
12. Copy of the prospectus “M”
13. Copies of the undertaking “N” & “N-1”
14. Copies of notices and register receipts “O”
15. Court fee stamp paper worth of Rs. 500/-
16. Wakalatnama

 

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

To

 

  1. of Province, through Secretary Health, Govt. of Province, City.

 

  1. Name, through Registrar, PM&DC, C/o G-00/0, Name, City.

 

  1. Name, C/o Institute Name, City.

 

  1. Name, through Vice Chancellor Name, City.

 

  1. Name, through Controller of Examination, Name, City.

 

  1. Principal/ Dean, Institute Name, City.

 

  1. Incharge Dental Section, Institute Name, City.

 

  1. Incharge Student Affairs Section, Institute Name, City.

 

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

 

On the advice of my client Name son of Name, C/o Name. Presently Student of Name, Institute Name, Ciyt, a writ petition is being filed before the Honourable City High Court, City Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

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