SHAFIUR RAHMAN, J.---The appellant was a candidate for admission in the Baluchistan Engineering College against the reserved seats of Kachhi District. He was granted a local certificate by the District Magistrate. On finding that he had been studying from 7th till F.Sc. Pre-Engineering outside Baluchistan Province at Shahdadkot in Sindh Province, he was not considered eligible in the previous year. When he applied the next year, the decision of the previous year was held to be a bark He challenged that decision in the High Court. The High Court came to the conclusion that the previous order holding the appellant to be ineligible had attained finality and operated so far as principle of it is concerned, as res judicata.
2. We had at the hearing called for the relevant records in order to ascertain the correct position and after having examined it have come to a different conclusion. In the first place, so far as the executive decisions, orders and determinations are concerned, the correction of it or alteration of it cannot be avoided on the ground of finality or res judicata.
3. We find that his father at the time of entry into service has shown his residence in Jhal Magsi. The appellant had got education in Jhal Magsi till his father got transferred from there and he had of necessity to move to Shahdad Kot where he had a relative. His brother in similar circumstances was treated as a resident of Jhal Magsi and given admission in Bolan Medical College. His another brother was recruited in service on the basis of his residence in Jhal Magsi. In the circumstances, the rejection of the claim of the appellant was arbitrary and unreasonable and also manifestly discriminatory.
4. In the circumstances, we accept this appeal, set aside the rejection of the claim of the appellant.
The learned Advocate-General has assured us that he would be considered for admission this year without deducting any marks for the lapse of time. We hope that this undertaking will be honoured and the merit of the appellant determined accordingly.