' IRSHAD HASAN KHAN, J.--This judgment shall dispose of IntraCourt Appeals Nos.159 and 160 of 1990 arising out of consolidated judgments passed by the learned Single Judge of this Court in Writ Petitions Nos. 5182 and 5133 of 1989 whereby the appellant, herein, was directed to decide - the applications afresh of the respondents herein, for migration to King Edward Medical College, Lahore within a period of one month.
2. Mr. Maqbool Elahi Malik, the learned Advocate-General submits that the impugned judgment of the learned Single Judge is contrary to Migration Policy which was adopted by the Provincial Government for regulating admissions in the Medical Colleges inasmuch as, according to the rules, admission to the Medical Colleges and the seats have been allocated to each College against which the candidates are granted admission on the basis of merit in order of priority accorded to Medical Colleges. The respondents having the lowest merit, were admitted in Quaid-e-Azam Medical College, Bahawalpur/Faisalabad. Subsequently, they applied for migration to join King Edward Medical College, Lahore. This was refused as the case was not covered under rule 1.3 of the Migration Policy which provides as follows:- "(iii) The migration can be allowed on compassionate grounds if both the Principals agree. Such migration shall be allowed only after the student has cleared ' First Professional Examination. This clause will not be applicable to those admitted against Divisional, Under-Developed District Seats."
3. We are inclined to hold that even if all the conditions of Policy o Migration are satisfied in a given case, the matter is still in the discretion of the Government to allow migration or refuse it depending upon the facts an circumstances of each case. The discretion, however, is to be exercised justly fairly, equitably and without being influenced by any extraneous consideration.
Here the learned Single Judge in Chamber in his elaborate judgment has taken notice of the fact that 61 students were allowed migration by the appellant from Quaid-e-Azam Medical College, Bahawalpur to other Colleges in Punjab although some of them admittedly did not fulfil the conditions laid down in the Migration Policy. Clearly the respondents in both the writ petitions were meted out discriminatory treatment. It is in this background and in the light of the case-law on the subject quoted by the learned Judge in Chamber that a direction was issued to the appellant to decide afresh the applications of the respondents for migration to which no exception can be taken.
' In view of the above, this appeal is dismissed with no order as to costs. The appellant is directed to decide the applications of respondents in both the Intra-Court Appeals within a week from today under intimation to the Registrar of this Court.