' JAMAL KHAN MANDOKHAIL, J.---Brief facts of the case are that the petitioner and the respondent No,4 namely, Kaleemullah applied for the reserved seat meant for District Kalat in Bolan Medical College (BMC) Quetta, for the Academic Session 2010-2011. The respondent No,4 submitted his admission Form accompanied by a local certificate duly issued to him by the office of the Executive District Officer (Revenue) District Kalat, showing that he is a local of District Kalat. The petitioner objected to the candidature of the respondent No,4 on the ground that he does not belong to district Kalat, rather he belongs to District Quetta. It is alleged that the respondent No,4, having two Local Certificates from two different Districts therefore, he is not entitled for the admission in BMC. The respondent No,4 was granted admission in 1st Year MBBS Class for the Academic Session 2010-11 in BMC, feeling aggrieved, the petitioner preferred the instant petition.
2. Learned counsel for the petitioner stated that the respondent No,4 was not entitled to be selected against the seat reserved for District Kalat in BMC as he does not belongs to said District.
According to him, the admission granted to the respondent No,4 by the official respondents which amounts to misuse of authority, as such, committed an illegality and irregularity, therefore, it requires to be cancelled.
3. On the other hand, the learned counsel for the respondent No,4 opposed the contention and stated that the respondent No,4 is actually a local of District Kalat, therefore, he has all the rights to apply for the seat. The learned counsel though admits the facts that a Local Certificate was duly issued to his father from District Quetta, but he stated that since the respondent No,4 and his father were residing_at Quetta for a long period, therefore, they obtained their certificates from Quetta, which have now been cancelled. According to him, the admission granted to the respondent No,4 is just and proper.
4. The learned counsel for the respondents Nos.1 and 2 stated that whatever information given to the Selection Committee by the respondent No,4 was scrutinized and after satisfaction, he was granted admission. He stated that the Committee was not aware about the dual Local Certificates in possession of the respondent No,4 otherwise, the admission could not have been granted. The learned Assistant Advocate General stated that the Local Certificate issued to the respondent No,4 has already been cancelled by the Deputy Commissioner Kalat, accordingly, therefore, he is not entitled to hold the seat reserved for the said District.
5. We have heard the learned counsel for the parties and have perused the record. It is an admitted fact that the .Father of the respondent No,4 was granted Local Certificate from District Quetta, wherein the name of the respondent No,4 is mentioned, however, the respondent No,4 and his father succeeded in obtaining certificates from District Kalat as well. Though the earlier certificate granted to the respondent No,4 from Quetta was cancelled by means of order dated 8th March 2011, but it is a fact that at the time of applying for a seat in BMC against the reserved seat for District Kalat, the respondent No,4 was holding dual Local Certificates. He did not disclose such fact before the Selection Committee and only relied upon the Local Certificate issued to him from District Kalat.
' Rule 41 of the Prospectus 2010-11 reads as under:- "A candidate or his/her father/mother (as the case may be), if found in possession of two locat/domicile certificates during the course of admission process, shall not be considered for admission against any seat. Such cases can only be considered if the parents or the candidates submit an affidavit that one of the Local/ Domicile Certificates had been cancelled before the date of application for admision. In case the candidate fails to mention or submit the affidavit, he/she shall not be considered for admission. The Selection Committee reserves the right of debarring such candidates for a period not exceeding 3 academic sessions."
' Similarly, Rule 43 of the Prospectus is also relevant, which is reproduced herein-below: "If at any stage, it is proved that any candidate has been admitted on the basis of false/incorrect documents or information, his/her admission shall be cancelled and all fees paid shall be forfeited immediately, by the Principal, and the candidate concerned shall be debarred from admission in the college for three academic sessions."
6: The respondent No,4 at the time of submission of application for admission was holding two Local Certificates but he did not disclose this fact, therefore, his application was accepted. Rule 41 of the Prospectus prohibits a candidate from' getting an admission in the College, if he/she has two certificates at the time of admission. Rule 43 of the Prospectus provides that if at any, stage, it is proved that the candidate has' been admitted on the basis of false/incorrect documents or information, his/her admission shall be cancelled. This Clause of the Prospectus is punitive in nature as well, and to get realize those, who wilfully deceives the Selection Committee. Its implementation is not only to correct the fraud committed, but also to set an example for those, applying for. Such a noble profession on the basis of false or incorrect document or statement.
Both' the clauses are mandatory in nature and the purpose behintl these clauses is to protect the right of the candidates of the concerned District and to ensure the fair play. The rule is meant as a precautionary, measures, to stop those having dual local/dornicile certificates.
7. The respondent No,4 at the time of admission, concealed the fact of having dual certificates from District Quetta and District Kalat. Therefore, the Principal BMC, on corning to know about this fact, ought to have cancelled his admission, but has failed to act accordingly. This Court while exercising power under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, declare the admission of the respondent No,4 as void and illegal, consequently, the same stands cancelled in the light of Clause 43 of the Prospectus and the Principal is directed to act accordingly. As regards the request of the petitioner for his adjustment against the vacant seat from District Kalat is concerned, his case is directed to be placed before the Selection Committee BMC for consideration, strictly in accordance with law and the Prospectus of the year 2010-11, accordingly.
' Thus, in view of the above, the petition is partly accepted.