IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt:
Petition No.D–1782 of
2019
|
DATE
OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE. |
1.
For
orders on CMA No.3238/20
2.
For hearing of CMA No.7840/19
3.
For hearing of main case.
Date of hearing: 26.11.2020
Petitioner
Tarique Hussain, in person.
Ms.
Shahida Mashkoor Memon, Advocate for respondents 2&3
Mr.
Noor Hassan Malik AAG.
********
The
petitioner Tarique Hussain through
instant Constitution petition
has prayed as under;
a) That
this Honourable Court may be pleased to direct respondent No.1 to complete
recounting/recheck and answer key issued by the NTS and answer sheet given by
NTS to petitioner and prepare fresh merit list according to law.
b) To declare
according to answer key and answer sheet the petitioner’s marks 172 instead
of 138 marks and petitioner is entitled admission in the first year MBBS.
c). To direct the Principal Ghulam Mohammad Mahar
Medical College to consider the petitioner for admission in MBBS first year
after fresh merit list issued by respondent No.1 so also after completing
recheck/recounting marks of petitioner according to law.
d). To
pass restraining order against the respondents not to start process of
admission as per present NTS merit list till final disposal of this petition
2. Through
instant Constitutional petition, petitioner has challenged the act of the
respondents particularly respondent No.1 for not considering him in the result
of NTS for his admission in first year MBBS. The factual perspective is that the petitioner appeared in NTS entry test for
admission in public and private sector universities/college of Sindh Province
for the year 2019-20 held on 15th September, 2019, the Department
issued him Slip with Roll#7100204 in which he appeared and fill the keys, same
were handed over to the department for verification of his marks obtained in
the objective test held by the NTS department.
3. Petitioner present, in person submits that he appeared in the
NTS test and obtained 172 marks but the NTS department shows 138 marks instead
of 172 with malafide intention. Despite achievement, the respondents have
rejected the petitioner from his legitimate right of admission in MBBS for the reasons best known
to them hence, the petitioner has grave apprehension of their discrimination.
He prayed for allowing instant petition.
4. In response to the notice, Ms. Shahida Mashkoor Memon,
Advocate appeared on behalf of respondents 2 and 3 and submits that as per
original scans of response sheets provided by NTS no box x is left unfilled by
the candidate and after verification according to key of corresponding colour
yellow candidate, the present petitioner has obtained 138 marks instead of 172
and there is duplication erasing in response sheet. She further submits that as
per report of Controller examination IBA University Sukkur, the Carbon copy of
response sheet provided by candidate is old, folded and unclear in some areas
hence, there is no question of tampering arises at all.
5. Learned
AAG submits that comments filed by the
respondent No.1 wherein it has been mentioned that the petitioner got 138 marks
but he claims that he has obtained 172 marks which is totally denied by the
respondents therefore, instant petition is liable to be dismissed.
6. Heard petitioner in
person so also Counsel for parties.
7. From
the perusal of material available on record, it appears that petitioner claiming
that he obtained 172 marks instead of 138 however, the Final result sheet
issued by NTS department dated 28th January, 2020 along with keys
shows that petitioner has obtained 138 marks hence, the petitioner’s claim is
preposterous as no question of discrimination from any corner is made out to
sift the grain from chaff. Despite above, for the satisfaction of petitioner, the
matter was referred to the Controller of Examinations Sukkur, IBA University
for rechecking the keys of the petitioner, who after thorough verification submitted
his report dated 19.09.2020 which is available on record. For the sake of
convenience, the para-3 of his comments reads as under;
3- Recently on 8th September,
2020, Mr. Mohammad Mateen, Manager Results, NTS appeared before the undersigned
with original answer copy of the candidate (Mr. Tariqu Hussain Khohnaro, the
petitioner) which shows that 138 answers are correct (Copy of documents
provided by the Manager, NTS are attached herewith. The original answer copy
was clear, unfolded and very easy to read.
In view of above, we are of the considered view that the petitioner has not come with clean hands. Accordingly, instant petition being meritless is dismissed along with listed applications.
J U D G E
J U D G E
Ihsan.