IFTIKHAR MUHAMMAD CHAUDHARY, J.---This petition calls in question following order passed by Selection Committee/respondent No,1:- "Miss Zubaida Bibi d/o Allah Bux.
The candidate appeared before the Selection Committee and was heard. The Selection Committee scrutinized her documents. Her father Mr. Allah Bakhsh had obtained a domicile certificate from the District Magistrate, Quetta when Pishin was the part of Quetta District but after the bifurcation of Pishin District he failed to obtain a new Domicile Certificate from the District Magistrate, Pishin. The Selection Committee was of the opinion that although the candidate's father is residing in Chaman, but until and unless she obtained a Domicile Certificate from the District Magistrate, Pishin, she is not eligible for admission in B.N.C. The Committee rejected her application for admission in Ist year MBBS/BDS course in B.M.C. During the Academic Session 1990-91 under paragraph No,28 of the Prospectus of B.M.C."
2. The claim of petitioner is that having passed Matriculation and F.Sc. (Pre-Medical) examination from Balochistan Board of Intermediate and Secondary Education, Quetta, she applied for admission in First Year, M.B.,B.S. In Bolan,Medical College, against the reserved seat of Pishin District for the Session of 1990-1991 on the basis of Domicile Certificate issued in favour of her father namely Allah Bakhsh as back as in the month of September, 1973 by the then District Magistrate, Quetta-Pishin, but the Selection Committee for the reasons which have been reproduced hereinabove, arbitrarily refused admission to her.
3. Mr. Muhammad Aslam Chishti, learned counsel for petitioner argued that in the year of 1973, Quetta and Pishin Districts used to be one District and was bifurcated as Quetta District and Pishin District in the Year, 1975. The petitioner who was born, brought-up at Chaman received her education up to matriculation over there and for want of college for women, she did pass her F.Sc.
(Pre-medical) from Women College, Quetta and throughout this period, petitioner as well as her other family members had been treated as Domicile of the Pishin District, so much so, elder sister of the petitioner was admitted in Bolan Medical College, Quetta, on the basis of same Domicile Certificate, considering her to be the candidate from Pishin District, as such, without obtaining a Certificate by herself or by the father of petitioner from District Pishin, she had attained the status of domicile of Pishin District.
4. On the other hand Mr. SAM. Quadri, learned counsel for private respondent No,4, Robina Shah daughter of Shah Muhammad contended that according to paragraph 28 of the Prospectus, a candidate who seeks admission in Bolan Medical College against the reserved seat from a particular District is bound to produce the local or domicile certificate issued by the District Magistrate of the District under the Pakistan Citizenship Act of 1951. Admittedly no Certificate has been issued by the District Magistrate Pishin in favour of the father of petitioner or in her own favour therefore, on account of violation of the above provisions of the prospectus, Selection Committee was quite justified in rejecting the candidature of the petitioner and impugned order does not suffer from any jurisdictional defect warranting interference by this Court.
5.- Raja M. Afsar, learned Advocate-General with great vehemence opposed the request of the petitioner and stated that the Prospectus of the BMC had attained the statutory status because the admissions are regularized on the basis of this instrument thus no departure can be allowed to be made by a candidate because it would then lead to an anomalous situation and smooth working of Selection Committee for granting or refusing admission in BMC, shall also be badly affected.
6. We have heard the learned counsel for parties, it would be beneficial to reproduce at this stage paragraph 28 of the Prospectus according to which a candidate seeking admission is required to produce the domicile certificate of the District from where he/she has applied for admission against reserved seat in the BMC:-- Paragraph 28.--The candidates seeking admission to Bolan Medical College, shall have to produce before the Selection Committee a local certificate issued by the Deputy Commissioner-cum- District Magistrate of the respective district or a Domicile Certificate issued. By the District Magistrate of the district under the Pakistan Citizenship Act, 1951 (Act 11 of 1951) and the rules made thereunder.
The father of the petitioner though obtained domicile certificate from Quetta-Pishin District in the year 1973, when it used to be one Revenue Unit for administrative purposes however, later on in 1975, it was bifurcated into District Pishin and Quetta District. The Tehsil Chaman from where petitioner and her family hail falls in District Pishin. The requirement of Prospectus of BMC as has been reproduced hereinabove is that a candidate must possess domicile or local certificate from the District from where reserved seat has been claimed. Admittedly no domicile certificate had been obtained by the father of petitioner, from District Pishin, since the time when it has come into existence.
7. Mr. Aslam Chishti learned counsel argued that petitioner had attained automatically status of domicile of District Pishin because she was born in that District and also received education up to matriculation from there. Learned counsel to substantiate his plea placed reliance on the case of Miss Sumia Zareen v. Selection Committee BMC Quetta and others (1991 SCM R 2099).
We have gone through the facts of reported case which are quite distinguishable from the present case because in that case father of Sumia Zareen had obtained a domicile certificate from District Lasbella and on the basis whereof she applied for admission in BMC but her, candidature was rejected probably on the ground that it was not proved that she is bona fide resident of that District, however, in the meanwhile she obtained a certificate on her own name from the said District and re-applied for admission but unfortunately her request was again turned down. Under these circumstances matter was taken up firstly before this Court and then before the Hon'ble Supreme Court. The apparent distinction between the case in hand and the reported case is that Miss Sumia Zareen had Domicile Certificate on her own name from District Lesbella therefore Hon'ble Supreme Court came to the conclusion that due to her staying for considerable period in a District, she has attained the status of domicile. Contrary to it, the position is not the same in the instant case, because neither the petitioner nor her father had a domicile certificate from District Pishin on their names as such Selection Committee was justified in refusing admission to her for want of domicile certificate. However, even now, there would be no impediment in the way of the petitioner or her father, to obtain domicile certificate from Pishin District and then to reapply for the admission in the next session, in BMC.
8. Now adverting to the second contention of the learned counsel for petitioner namely that elder sister and other family members, have been accommodated in the Professional Colleges and service of the Government of Balochistan on the strength of the Domicile Certificate issued to her father, as back as in the year of 1973, from Quetta-Pishin. District. It is suffice to observe here that probably when their matters came for consideration with reference to the Domicile Certificate no one had objected on their candidature as such, accommodation was extended to them, but this could not create a right in favour of petitioner. In this behalf reference can be made to case of Mir Ibrahim v. D.M., Kalat and others reported in 1989 SCM R 185.
9. Before parting with the judgment we may observe that the prospectus of educational institutions have always been considered as a statutory instrument for the purposes of regularizing the admissions and the Government who controls the institutions has always been considered as competent authority to incorporate conditions for granting admissions in that institution, therefore, all possible efforts should be made to adhere strictly to the provisions of Prospectus in order to avoid any complications in the matters relating the admissions. As in the instant case, paragraph 28 of the Prospectus has been couched in such a manner which creates a mandatory obligation upon candidate seeking admission in Bolan Medical College, to produce a local or Domicile Certificate and if such Certificate is not produced then the Selection Committee would be deemed within its legitimate right and jurisdiction not to consider the request for admission.
For the reasons that have been discussed above we see no force in the petition which is accordingly dismissed. However, observations are made that petitioner shall have the right to apply for admission in Bolan Medical College, subject to obtaining of Domicile Certificate from Pishin District either by herself or her father.
Parties are left to bear their own costs.