IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2001

Tayyaba Sultana daughter of Muhammad Yaseen, caste Qureshi, R/o

325/326 Satellite Town, Bahawalpur.
Petitioner
VERSUS
1. Government of Punjab through Secretary Health Division, Punjab
Secretariat, Lahore.
2. Health Department through Director General, Punjab Secretariat,
Lahore.
Respondents

Writ Petition under Article 199 of

the Constitution of Islamic
Republic of Pakistan, 1973.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the National Guard Act, 1973 was assented by the

Parliament for the purposes of initial Military Training. So many
forces were established under this act from the general public.
This act was implemented upon the educational institutions. A
corps was established in the male institutions, it was called as
“National Cadet Corps” and in the female institutions as “Women
Guards”.
3. That it was very much clear in the act u/s 29 (c) that the person
who will complete the training successfully at the time of
admission in any institution the student will be given benefit of
10% of the marks obtained the said examination. This section was
further amended in 1975 and concession of 20 marks instead of
10% marks was allowed to a student who has completed the
training under this act, at the time of admission in any institution.
The real spirit of this act was to create a loyal sense among the
youth to defend their country.

4. That the right of this concession is guaranteed by the legislation

and till now the act is not abrogated and every institution which is
supposed for general education, professional education or
advance studies, giving benefit of this legislation to every
student/candidate at the time of admission. The petitioner has
completed his training in N.C.C. during his studies and certificate
in this regard is Annex “A” and the copy of F.Sc. Certificate is
Annex “A/1”.

5. That the petitioner submitted his admission form for the

admission of professional course of M.B.B.S/B.D.S. and an entry
test was held on 22.10.2001 under the supervision and control of
respondents. The result of entry test was issued on 4.11.2001 in
which the merit ranking of the petitioner is 3858. Copy is
annexed as Annex “B”.

6. That the petitioner remained taken aback when it came to their

knowledge that 20 marks for the training of N.C.C. were not
included, while preparing the merit list. On the other hand in the
whole Punjab, for every professional course, as well, at the time
of admission 20 marks for N.C.C. training were included for the
consideration of merit. The abstract of admission part from the
prospects of Medial Colleges, University of Engineering and
Technology and B.Z.U. Multan are enclosed herewith as Annexes
“C, D & E”.

7. That there must be infirmity for the purpose of admission in

whole the Punjab, because the future of thousands of students is
 annexed with this practice of authorities. There must not be any
type of discrimination and right of every individual shall be safe-
guarded as required under the constitution through articles 2(A),
4 and 25.

8. That the respondents have prepared the merit ranking without

giving the benefit of 20 marks for N.C.C. Training and going to
publish the same within days. At this stage, the petitioner are left
with no other alternate, efficacious, adequate or speedy remedy
except to invoke the constitutional jurisdiction of this Hon’ble
Court for the redressal of their grievance.

Keeping in view the above-mentioned facts, it is

respectfully prayed that the respondents may please be
directed to prepare the merit ranking of petitioner after
giving benefit of 20 marks for N.C.C. Training.
Any other writ, order, direction or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioner to meet the ends of justice.

Humble Petitioner,

Dated: ___________
(TAYYABA SULTANA)

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

AFFIDAVIT of: -
Tayyaba Sultana daughter of Muhammad Yaseen, caste Qureshi, R/o
325/326 Satellite Town, Bahawalpur.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above petition are true and correct to the best
of my knowledge and belief and nothing has
been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth:-
That certified copies of Annexures “A to E” are not
available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copies
of documents.
PETITIONER

Dated: __________
(TAYYABA SULTANA)

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

DISPENSATION APPLICATION

AFFIDAVIT of: -
Tayyaba Sultana daughter of Muhammad Yaseen, caste Qureshi, R/o
325/326 Satellite Town, Bahawalpur.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above application are true and correct to the
best of my knowledge and belief and nothing has
been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No.____________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

INDEX
S. No. NAME OF DOCUMENTS ANNEXES PAGES
1 Urgent Form __
2 Stamp Paper worth Rs. 500/- __
3 Writ Petition. 1-5
4 Affidavit 7
5 Copies of N.C.C. Certificates & F.Sc. A & A/1 9-11
6 Copies of Ranking (result). B 13
7 Copy of Prospectus. C,D & E 15-63
8 Dispensation Application. 65
9 Affidavit. 67
10 Application U/s 151 C.P.C. 69-71
11 Affidavit. 73
12 Vakalatnama 75
PETITIONER
Dated: ____________

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

Application under section 151 C.P.C.

for the grant of Stay Orders.

The applicant respectfully submits as under: -

1. That the contents of the main petition may please be treated as

integral part of this petition.

2. That the respondents are going to publish the merit lists without
giving the benefit of 20 marks to the petitioner.

3. That the benefit of 20 marks is given by statute and through an

administrative order, this benefit is can not be revoked.

4. That the matter is very much sensitive and which is directly

connected with the future and career of the petitioner.

5. That the balance of convenience lies in favour of the applicant.

6. That the act and conduct of will cause irreparable loss to the
petitioner/applicant.

7. That in these circumstances, it is a prima facie arguable case.

 It is, therefore, respectfully prayed that the
respondents may please be directed to prepare the
merit list after giving benefit of 20 marks to petitioner,
subject to final decision of the main petition.
Any other relief, which this Hon’ble Court
deems fit, may please be extended in favour of the
petitioner/applicant.
Humble Applicant

Dated: __________
(TAYYABA SULTANA)

Through: -
Hamad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

Tayyaba Sultana Vs Govt. of Punjab etc.

STAY APPLICATION.

AFFIDAVIT of: -
Tayyaba Sultana daughter of Muhammad Yaseen, caste Qureshi, R/o
325/326 Satellite Town, Bahawalpur.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above application are true and correct to the
best of my knowledge and belief and nothing has
been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT