AMIR-UL-MULK MENGAL, J.--The petitioner belongs to Roonjah Lasi Tribe and is a local of District Lasbella. His father was also permanent resident of Lasbella, having residential houses and landed property in Goth Musani. Tehsil Bela, District Lasbella.
2. The case of the petitioner was that his father was as enlisted contractor with Government Departments and also a voter enlisted in the Electoral Roll of the area.
3. As a contractor the petitioner's father wanted to give better education to the petitioner and therefore, he got the petitioner admitted in an Educational institution at Karachi wherefore he passed his Matriculation Examination. The father of the petitioner during this period expired and petitioner again shifted to Bela. In order to complete his education he firstly came to Khuzdar where his uncle was Director Health at Khuzdar. After passing first year F.Sc. (Pre-Medical) he succeeded in getting admission in Government Degree College, Lasbella from where he passed his F.Sc. (Pre-Medical) Second Year securing 457 marks. Besides, the petitioner participated in National Cadet Corps Training at the time when he was at Khuzdar, thus adding 20 more marks to his credit bringing the total to 477 marks. .
4. Petitioner applied for admission in the Bolan Medical College against one of the reserved seats of District Lasbella but the Selection Committee rejected his application on the grounds mentioned in the impugned order which is reproduced for the sake of convenience:-- "The candidate appeared before the Selection Committee and was interviewed. He has passed his Matriculation Examination from Karachi. The candidate explained that he had gone to Karachi for study in Matric for better education. The reason of the candidate was not considered as cogent by the Committee. The candidate further intimated that after passing his Matriculation from Karachi he was shifted to Balochistan and passed his F.Sc. Examination from Balochistan Board. The Selection Committee rejected the application of Mr. Abdul Razzaq Lasi son of M. Hussain Lasi under paragraph 29 of the Prospectus of Bolan Medical College, Quetta during the Session 1992-93:"
Feeling aggrieved from aforementioned order present petition , has been filed assailing the impugned order.
5. Heard Mr. H. Shakil Ahmad, Advocate for the petitioner, Mr. M.S. Rakhshani, Advocate for the Selection Committee, learned Advocate-General Balochistan for respondent No.2 and Mr. SA.M.
Quadri for respondents Nos.4 and 5.
6. In the first instance it was pointed out that petitioner is admittedly a local of District Lasbella having landed property and residential houses. His father has been nominated as Chairman and was otherwise a notable of the area. The only reason which prevailed with the Selection Committee was that though the petitioner has passed his F.Sc. (Pre-Medical) from Government Degree College, Lasbella but he has passed his Matriculation from Karachi, therefore, he has been rejected under para. 29 of the prospectus.
7. Mr. Shakil pointed out that the petitioner's father was a contractor. He got admitted the petitioner for the sole object of getting better education but in any case the petitioner after passing his Matriculation examination shifted back to Lesbella after death of his father. The petitioner tried to seek admission in Government Degree College Lasbella but could not get admission and went to Khuzdar and got admission in Ist Year F.Sc. His uncle was Director, Health at Khuzdar. After passing his Ist Year F.Sc. He succeeded in getting admission in Government College Lasbella and passed his F.Sc. From the said College. This shows the intention of the petitioner that he had never gone to Karachi to get higher marks in order to deprive the students of the area. His rejection therefore under para. 29 was not justified.
8. Learned Advocate-General, Balochistan and Mr. M.S. Rakhshani appearing for official respondents vehemently controverted arguments so advanced. Both argued that Selection Committee is a tribunal of special jurisdiction and has authority to reject application of any candidate if it is not satisfied with the reasons being cogent under para. 29 of the Admission Policy.
They also argued that the petitioner had not got his education in Karachi in an institution of high repute--his plea of passing Matriculation from Karachi was therefore rightly rejected. Further supplementing said arguments it was contended that petitioner miserably failed to obtain more marks as is evident from his record because he had only secured 373 marks out of 850 marks in Matric.
9. Mr. SA.M. Quadri also adopted the same arguments and contended that studying outside the province disqualifies a student for getting seat in Bolan Medical College. The Selection Committee rightly rejected the application of the petitioner because he had passed his Matriculation from an institution of Karachi to the detriment of students studying in institutions with lesser facilities.
10. There is no cavil that both the private respondents namely respondent No.4 Mr. Qamarullah and respondent No.5 Azizullah have obtained lesser marks in F.Sc. (Pre-Medical) than the petitioner.
There is also no dispute that petitioner is a genuine local of District Lasbella. It is also admitted that petitioner has passed his F.Sc. From Government Degree College, Lasbella. In view of these admitted facts we have to determine whether Selection Committee rightly exercised its powers under para. 29 of the prospectus of admission policy?
11. From perusal of para. 29 it seems that the Government of Balochistan by incorporating this para. Intended to promote the cause of those students who got education in institutions in this province where educational facilities are comparatively lesser and the students do not have better congenial atmosphere. Thus they cannot compete students studying outside the Province comparatively in better institution. In other words the object of this para. Appears to be to prefer those students who pass their Matriculation and F.Se. From the institutions in the province.
12. The present petitioner has passed his F.Sc. From Balochistan. However, he had passed his Matriculation from Karachi. Prima facie condition of passing Matriculation becomes relevant only when there is a tie between two students regarding marks in-F:Sc.- It is revealed from the admission policy that in case there is a tie between two students who are otherwise qualified .And eligible, it will be the matriculation marks which shall determine as to who shall be given preference for admission. To our calculated view there can be no other purpose for including condition of passing of Matriculation Examination from the Province.
13. If that be so then question would arise whether there was a tie in the marks of petitioner in F.Sc.
And private respondents? If not then there appears to be no genuine and valid reason for rejecting petitioner because admittedly he is a local of District Lasbella and has passed F.Sc. From Government Degree College, Lasbella. The marks of Matriculation are not much relevant in the present case because the petitioner has passed his F.Sc. From institutions in the Province and he obtained 477 marks as against 433 and 439 marks respectively secured by respondents Nos.4 and
5. Thus rejecting his application on the sole ground that he passed his Matriculation from outside Balochistan would not be of much relevance.
14. Besides the intention of the petitioner to immediately shift after death of his father to Balochistan and passing F.Sc. From the institutions in the Province of Balochistan reveal that he had not gone to Karachi with mala fide intention to get higher marks, thus to deprive genuine candidates of the District.
15. From the aforementioned discussion we have come to the conclusion that Selection Committee has not properly applied its mind by invoking its authority under para. 29 of the Admission Policy particularly so when the petitioner has passed his F.Sc. From Balochistan. He has studied in the same college in which the private respondents had got their education. Petitioner and respondents had equal opportunity and equal facilities in F.Sc. But the petitioner secured higher marks thus entitling himself to a seat reserved for District Lasbella- In the circumstances we set aside the impugned order and declare the same as having been passed without lawful authority and of no legal effect. Resultantly directions are issued to the Selection Committee to admit petitioner as ,against one of the reserved seats of District Lasbella as against respondent No.4 who has lesser marks. However there shall be no orders as to costs.