' MIR KHUDA BAKHSH MARRI, C. J.-This Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan is directed against the order of Selection Committee dated 11th July, 1979.
2. The facts briefly are that petitioner passed his F. Sc. In the Session 1978, securing 403 marks, he is a bona fide and permanent resident of Village Rooing, Tehsil Kalat, District Kalat and a local certificate was issued to him by the District Magistrate, Kalat on 16-2-1979 he was also issued a permanent resident certificate by the same Officer on 2-3-1979. Not only this, District Magistrate, Kalat has also issued a local certificate in favour of petitioner's sister Mst. Surya Bibi as well as in favour of his 1,-other Mr. Fazal-ur-Rehman, certified copies of all these certificates are filed a annexures.
3. When the applications for admission were invited in the Bolan Medical College, Quetta in the First Year M. B., B. S. Class for the Academic Session 1979, there were six reserved seats for Kalat District according to the prospectus basis. Due to non-availability of some students from Kalat District, the seats were to be filled in from Kalat Division candidates on Divisional merit basis, thus number of seats rose from six to thirteen, twenty-five students applied for admission from Kalat District. The petitioner was one of the candidates and stood at Serial No, 18 of the said list, thus entitled to one of the thirteen seats from the area.
4. It so happened that the petitioner was selected in the provisional Selection list and his name appeared at Serial No, 18 of the list which was published in the newspapers. When the final list appeared, the petitioner to his surprise did not find his name there. He was, however, informed that his application has been rejected by the Selection Committee order as Annexure 'L'. The order is by the Administrator-cum-Principal Bolan Medical College, Quetta. The order being a short one is as under:- "The candidate appeared before the Selection Committee and was heard. Mr. Ghulam Siddique has obtained a local certificate No, 2637-6/59 Citz. Dated 3rd February, 1973, from the District Magistrate, Quetta which he got cancelled at his own request vide District Magistrate-Quetta Letter No, 40/6/59-Ctz. Dated 4th January, 1979. During this period of 6 years he used this local certificate to his advantage and also for admission to F. Sc. In the Government Science College, Ouetta. There after he obtained a local certificate from Kalat. Cancellation of old certificate of Quetta District and acquisition of the fresh certificate from Kalat have been done after the declaration of F. Sc. Result.
Moreover, the candidate has all along studied in Quetta, and committee is convinced that he is not a genuine local from Kalat District. This is a case of manipulation, cheating and fraud. Hence the application of Mr. Ghulam Siddique son of Qadir Bakhsh is, rejected."
5. We have heard Mr. Khalid Malik, Advocate for the petitioner and Mr. Muhammad Yusaf, Assistant Advocate-General for respondents Nos. 1 and 2. Learned counsel for the petitioner challenged the validity of order of Selection Committee on the ground that the petitioner is permanent bona fide local of District Kalat. He was entitled to admission to one of the thirteen seats of Kalat District and Kalat Division on merit and that he is a bona fide local and there is a permanent resident certificate in his favour by the District Magistrate concerned, the Committee has not followed the policy of admission and overruled/ignored the rules made thereunder in the Prospectus of Bolan Medical College, Quetta and that the order of rejection by the Selection Committee is arbitrary, without any lawful reasons of excuse being mala fide and without jurisdiction and of no legal effect and that the Selection of respondents Nos. 3 to 7 in preference to the petitioner by the Selection Committee and candidate from Kalat District is totally violate of the policy of admission laid down in Prospectus of Medical College, Quetta for the year 1979.
6. It was also submitted that at the time of Selection, that the petitioner was in possession of two local certificates from two different Districts. That being the position under rule 27 of the Prospectus of Bolan Medical College, Quetta, the Selection Committee had no powers to reject the petitioner's application.
" Rule 27 is as under:- "A candidate found in possession of two or more local/Domicile Certificates issued by the District Magistrate of different Districts, at the time of interviews, shall not be considered for admission against the seats of any of the District of which he/she possesses the local/Domicile Certificates.
His/her application shall be rejected by the Selection Committee."
7. The petitioner who has surrendered his local certificate from Quetta District earlier, has produced a local certificate supported by permanent resident certificate from the District Magistrate, Kalat and has also filed certain other documents. Sanads from Khan of Kalat as well as some document showing that they are possessing immovable property in the area also. These documents would have been sufficient for the Selection Committee to be satisfied that the petitioner is a bona fide local of Kalat District. But adverse decision to petitioner's interest was given by it without considering said documents which in normal course were sufficient to prove that the petitioner was a permanent resident of Kalat District. It I true that the Selection Committee being an administrative body is no expected to pass a full-fledged order discussing each and every detail of case before it; yet it is also not absolved of the responsibility to take into account and discuss such aspects of a case upon which a candidate's selection mainly depended. Accordingly it was its duty to have given reasons for refusing to accept the petitioner's claim that he was a bona fide resident Kalat District. This principle having not been observed, the decision question is arbitrary and finally opened to interference. As far as the question of holding double local certificates one from Quetta and the other from Kalat District, the Committee failed to give effect to rule 27 of the Prospectus inasmuch as it did not consider that the petitioner had surrendered hi local certificate of Quetta District before he was interviewed by the Committee. The impugned order also does not show what benefit the petitioner has gained or what right he has infringed. Over and above, the order does no show that manipulation, cheating and fraud have been done by the petitioner. He cannot be, therefore, deprived of his birth right of being a local from Kalat District. Therefore, in or opinion the impugned order of the Selection Committee Annexure 'L' is without any basis and is bad in law which we hereby set aside.
8. While hearing various petitions filed by the students with regard to the Selection every year for Bolan Medical College, Quetta, and other colleges, we regret to note that not quite unsoften, we come across arbitrary orders by the Selection Committee which not only provide opportunity for unnecessary litigation and heart burning among the contesting students and their parents, but also increase unnecessary burden of work on this Court.
' The prospectus, if followed strictly and honestly there would not be no such litigation and heart burning among the students community and also loss of year and studies by some of them due to hasty orders of the Selection Committee.
9. For the above reasons we are of the view that the petitioner was illegally rejected. Accordingly the impugned orders of the Selection Committee is set aside being illegal and without jurisdiction with no orders as to cost and the concerned respondents are directed to admit him in the college during the current academic session.