' ZAKAULLAH LODI% J.-The petitioner is local resident of District Kalat which fact is not disputed. He received education up to primary standard from Nimargh in Tehsil and District Kalat to which he belongs. As his father expired when he was yet in the primary stage of his education, he was faced with extreme financial difficulties. Yet as he was desirous of continuing his education his maternal uncle who was settled at Nawab Shah, in the Province of Sind, took him alongwith him and educated him up to F. Ss. (pre-medical) which he qualified in the year 1978, obtaining 531 marks and was placed at number 3 on the merit list of the candidates applying for admission to Bolan Medical College from Kalat District. However, the Selection Committee, the second respondent herein, rejected his application on the ground that he had failed to furnish satisfactory reasons for his receiving education outside Baluchistan and was therefore hit by para. 26 of the Prospectus of the said College which provided that normally only those students who had passed their Matriculation and Intermediate examinations from any educational institution in Baluchistan shall be entitled to admission to the said College; but this restriction was not applicable to such students who could lay before the Committee satisfactorily proof that he had received education outside the Province under compulsion of circumstances. However the result of rejection of petitioner's candidature was that the 4th respondent who stood at Serial No, 23 of the merit list referred to above was admitted to College and now he is the only student who is likely to be effected by the decision of this petition. He was served for today's hearing in accordance with law but was found absent. On some previous dates of hearing he appeared but did not file any counter-affidavit which shows lack of interest on his part to contest the case.
2. Mr. S. A. M. Qadri, learned counsel for the petitioner submitted that he had submitted sufficient documentary proof to satisfy the second respondent, that his education outside Baluchistan was under circumstances beyond his control. He being an orphan and having no means to continue his education here had no other choice but to avail of any opportunity in whatever fashion it fell to his share. We find a copy of the application dated 12th April, 1979 (Annexure 'N') submitted to the Selection Committee on record which convincingly explains the relevant circumstances, but to or utter disappointment the impugned order of the second respondent does not even find a mention of the same; much less careful examination and suitable finding thereon, as the law of the land demands. In these circumstances Mr. Qadir's description of the order as arbitrary and thus supported by law is not untrue. In order to support his contention that orders adjudicating upon the rights and liabilities of a citizen have to be just reasonable and proper, which is possible only when material facts are fully considered and disposed of in accordance with law, he placed reliance upon the case of Miss Nasreen Fatima Awan and others v. Government of Baluchistan and 6 others (11, in which it was inter alia held that arbitrary decisions were never considered wholesome in or judicial system. This case further provided a test for distinguishing arbitrary orders from just orders, in it, {{FOOT NOTE}}
(1) PLD 1978 Quetta 17 {{FOOT NOTE}} ' that only those orders which manifest by themselves full application of mind and substantial reasons for each finding are the only orders which can be regarded just orders whereas those orders which do not proceed on these lines are arbitrary orders and finally deserve to be struck down being illegal and without jurisdiction. We are in complete agreement with the learned counsel and find the impugned order not tenable in law. Clause 26 of the said Prospectus can in all reasonableness be considered applicable only to such cases which after taking into account all attending circumstances which a candidate has been faced with speak of his option to receive education outside the province in order to be benefited by better standards of education available elsewhere in order to compete with students of his district who were placed in comparatively less advantageous educational environments. This dictum makes itself further evident when we peruse the exemption clause incorporated in the said rule of the Prospectus. Learned A. A.-G. Had nothing much to say. He, however, feebly attempted to canvass that findings of facts were to be rarely interfered with in the exercise of Constitutional jurisdiction held by this Court. But he has been unable to convince us if arbitrary orders, such as the order in question is, would or would not attract this jurisdiction. In this connection suffice it to say that orders of this nature have always been held to be without jurisdiction, and thus liable to be struck down. This order, accordingly deserves same treatment as it disposes of the case without any attempt to apply the relevant rule to the facts of the case which both law and reason emphatically demand.
3. For the foregoing reasons, we accept this petition with costs and set aside the decision of the second respondent, herein assailed, being illegal and without jurisdiction and direct the official respondents to admit the petitioner to Bolan Medical College, Quetta during the current academic Session.