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Constitutional Petition No. 1089 of 1986, decided on 17th March, 1987.
‑‑‑ Art. 199 Educational institution‑‑Admission Constitutional jurisdiction, exercise of‑‑No objection by respondent in allowing admission to petitioner‑ ‑High Court in exercise of constitutional jurisdiction directed Government as per agreement of parties, to nominate petitioner as second nominee with understanding that first nomination of respondent nominee for same session and for same University duly made would not be displaced. [Educational Institutions]
Muhammad Jamil for Petitioner.
Abdul Majeeb Prizada for Respondent No. 2.
A.R. Qazi Addl. A.‑G. for the State.
‑‑Mr. Muhammad Jamil has argued the petition but finally submitted that even without displacing the respondent No.3 the petitioners right can be allowed to him if the Govt. of Sind nominates the petitioner for 1986‑87 session of N.‑W.F.P. University of Engineering and Technology in the Electrical Technology. His submission is based on the instructions which have been given to him by his client to the effect that Peshawar University will be prepared to accommodate the petitioner if he secures the nomination from Sind Govt. for this purpose. There seems to be some justification for this on account of the advertisement which has been issued by the University of Peshawar as published in daily Jang Karachi on 24‑10‑1986, produced by Mr. Muhammad Jamil today before us, which shows that the Peshawar University of Engg & T. had asked, for one nominee of N.E.D. University in Electrical Technology and one nominee of Mehran University in Electrical Technology. This being the position it appears to be just and appropriate, the Government of Sind should give the nomination to the petitioner as desired by him now because the petitioner had been actually nominated for the Electrical Technology by the Government of Sind on 7‑7‑1986/10‑8‑1986 but later on the technology was changed to agriculture on 30‑9‑1986 which was obviously done to accommodate Iqbal Hussain, respondent No.3
Mr‑A.R. Qazi, A.A.‑G. of Sind has stated that the Government of Sind would have no objection in giving the nomination to the petitioner in electrical technology for University of Peshawar for the year 1986 but with a definite understanding that this would not mean displacing of Iqbal Hussain who has already been nominated by the Government of Sind for one electrical seat in the said university. Mr. Muhammad Jamil for petitioner agrees with statement of Addl, A A.G. This being the position, this petition appears to have served its purpose and is disposed of with a direction to the Government of Sind to nominate the petitioner for the electrical technology of 1986‑87 sessions to the N.‑W.F.P University of Engineering and Technology, Peshawar and also make it clear that this is a second nomination for electrical technology for the same session for the same university and the first nomination of Iqbal Hussain stands. Mr. Abdul Majeeb Pirzada has consented to this position. This disposes of the petition as well as the Misc. application.
H.B.T./J‑20/K Direction issued accordingly.
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