AJMAL MIAN, J.---This is an appeal with the leave of this Court against judgment dated 18-1-1992 passed by a Division Bench of the High Court of Balochistan in Constitution Petition No, 276/91 filed by the appellant against rejection of his application for admission in the Engineering College, Khuzdar on the ground that he had not passed his Matriculation and F.Sc. Examinations from the Province of Balochistan, dismissing the same. Leave to appeal was granted on account of peculiar facts noticed in a common leave granting order in a number of connected petitions for leave to appeal.
2. The relevant facts are that the appellant belonged to the District Jaffarabad. He applied for admission against reserved seats of the above District in the Balochistan Engineering College, Khuzdar. It may be observed that clause 2.12 of the Admission Policy lays down that Matriculation and Intermediate with Science subjects should be passed by a candidate from educational institutions in Balochistan. However, it also provides that the Selection Committee for cogent reasons which may be beyond the control of the candidate may waive the above requirement. The appellant filed an affidavit for seeking the waiver of the above requirement of clause 2.12 before the Selection Committee. A photostat copy of which is at page 36 of the Paper Book. The contents thereof more or less have been reproduced by him in para.3 of the memo. Of his aforesaid Constitution petition which reads as follows:- "That it is submitted that in the year 1985 when the petitioner completed his education from his village he was about 14 years of age and there was no proper arrangement for transport, boarding and lodging for him at Usta Muhammad, where there is a High School, therefore, he moved to Shandad Kot for further studies. It is submitted that Shandad Kot is at the distance of 15 kilometres and Usta Muhammad at a distance of 40/50 kilometres from the village of petitioner. Moreover, the maternal-uncle of petitioner was Commission Agent in Shandad Kot and his Bus used to ply daily between village of petitioner and Shandad Kot. It was beyond the control of the petitioner to continue studies anywhere else except Shandad Kot."
' It appears that the Selection Committee rejected the appellant's above application for admission for the reason conveyed to the appellant by the Director of Education (Colleges), Balochistan, Quetta through his letter dated 24th October, 1991. The relevant portion of which reads as follows:-- "This is to inform you that your name was dropped by the Selection Committee in their meeting as under:--
(I) Meeting held on 21st May, 1991. "Blood feud-reason Deputy Commissioner asked to verify.
(II) Meeting held on 15th July, 1991 Deputy Commissioner reported reasons for blood-feud incorrect.
Rejected under clause 2.12 of the Admission Policy.
' A copy of Deputy Commissioner, Jaffarabad report is also enclosed."
' The appellant filed the above Constitution petition against the above rejection which was dismissed. Thereupon the appellant filed a petition for leave to appeal, which was granted for the above reason.
2. In support of the above appeal Mr. Mehta K.N. Kohli, learned Advocate-on-Record appearing for the appellant has vehemently contended that the Selection Committee rejected the appellant's request for waiving the condition contained in clause 2.12 of the Admission Policy on a ground which was not even advanced by the appellant in his affidavit. In this regard it may be pertinent to observe that the High Court has dilated upon this aspect as under:-- "We have heard the learned counsel for parties and with their assistance record of the case has also been perused. No doubt in affidavit submitted by petitioner alongwith his application form dated 23-1-1991, reasons of enmity for studying outside the Province of Balochistan were not mentioned. But the stand taken by official respondents, indicates that at the time of selection, petitioner had changed his plea perhaps on the ground that reasons assigned by him in the affidavit were not found sufficient for seeking exemption for studying outside the Province."
3. The above observations of the High Court get support from the Deputy Commissioner, Jaffarabad's letter dated 24th September, 1991 (at page 43 of the paper book) addressed to Mir Jan Muhammad Jamali, Minister for S & GAD, Balochistan, Quetta with reference to his telephonic conversation dated 23rd September, 1991, the relevant portion of which reads as follows:-- "It has been reported that Mr. Manzoor Ahmad has no enmity in this area and that he studied in Shandad Kot (Sindh) for the sake of convenience only. Shandad Kot is at a distance of 15 K.M. From his place of residence while Usta Muhammad is situated at 40 K.M. Distance from his place of residence. It is true that he had better transport facilities available for Shandad Kot as compared to those for Usta Muhammad. As such it was convenient for him to go to Shandad Kot and come back daily to his residence. He studied up to Middle in Goth Shahan Palal which is his native place, therefore, he passed his Matric and F.Sc. Examination from Shandad Kot (Sindh)."
5. Even if we were to accept the above contention of Mr. Mehta K.N. Kohli that the Selection Committee has rejected the appellant's application on a ground which was not pleaded by the appellant, it would not affect the result of the case as the ground urged by the appellant in the above-quoted para. No,3 of the memo. Of Constitution petition is not a ground which can be treated as a reason beyond the control of the appellant in terms of above clause 2.12 of the Admission Policy as the appellant got his education for Matriculation and Intermediate in Shandad Kot as it was more convenient place for him than Usta Muhammad in Balochistan.
' In this view of the matter, it would not serve any purpose if we were to remand the case to the Selection Committee for considering the above question.