' MUNAWAR AHMED MIRZA, J.---This petition for leave to appeal is directed against order dated 19- 8-1999 passed by High Court of Balochistan, Quetta, in Constitutional Petition No,716 of 1999.
2. Father of petitioner was granted domicile certificate in year 1980 by District Magistrate, Kohlu, after observing all the formalities, which is intact. Petitioner obtained her primary and middle education from institutions at Kohlu. However, on account of non-availablity of science teacher in the educational institutions at Kohlu petitioner joined Government Girls High School, Jampur and passed Matriculation Examination by securing 645 marks from the Board of Intermediate and Secondary Education, Dear Ghazi Khan. Thereafter, she passed F.Sc. Examination from Government Girls College, Jampur, in 1997 by securing 732 marks (including 20 marks for training of National Women Guards). Petitioner applied for admission in first year M.B.,B.S. Class in Bolan Medical College, Quetta, against reserved seat for Kohlu District for session 1997-98. She also appeared in written entry test on 1-11-1998 and claims to have been placed at Serial No,1 of the merit list of Kohlu District. It may be mentioned here that petitioner had also applied for admission in King Edward Medical College, Lahore, claiming to be domiciled of Rajanpur, but that application for admission was not persued. According to petitioner she had applied under mistaken conception for admission in King Edward Medical College but as she did not possess domicile certificate other than Kohlu District the above application for admission in King Edward Medical College was not pursued. Meanwhile, one Najma Parveen had filed Constitutional Petition bearing No,233 of 1999 before Balochistan High Court, wherein candidate of petitioner from Kohlu District was specifically challenged. However, said petition was partly accepted by the High Court on 21-4-1999, and parties were directed to appeal before District Magistrate, Kohlu, on 24-4-1999 for verification of domicile certificates. It may be seen that parties were heard and objections raised by Miss Najma Parveen and respondent No,4 namely Muhammad Younis were also considered. District Magistrate Kohlu vide order, dated 15th May, 1999, rejected the above petition. Extract of his order is reproduced below:-- "(1) Petition filed by Mr. Muhammad Younis son of Haji Muhammad Ali caste Zarkoon resident of Kohlu and Miss Najma Parveen daughter of Qurban Ali against issuance of domicile certificate to Mr. Hameedullah.
' Both the petitioners have been contended that Mr. Hameedullah has been issued the Domicile Certificate wrongly and further alleged that Mr. Hameedullah, the father of Miss Sabahat Hameed, had misrepresented the facts while applying for the Domicile Certificate in 1980 and have fraudulently concealed the actual fact that he had belonged to District Rajanpur, Punjab.
' Moreover, Miss Najma Parveen had also contended that Miss Sabahat Hameed had recently applied for candidature at King Edward Medical College, Lahore, on the basis of Domicile Certificate of District Rajanpur, Punjab. She had further alleged that the list of candidates (Annexure-A) had displayed the name of Miss Sabahat Hameed as belonging to District Rajanpur Punjab. The counsel of Sabahat Hameed in turn had stated that Mr. Hameedullah father of Miss Sabahat Hameed has been residing in Kohlu Agency since 1975 and was issued Domicile Certificate after fullfiling all legal formalities in 1980. He adopted all legal procedure i,e,, he applied to Assistant Commissioner, Kohlu, for a Domicile Certificate, Assistant Commissioner, Kohlu, after examining the application in detail had recommended the case to the District Magistrate, who issued the Domicile Certificate to Mr. Hameedullah, Mr. Hameedullah afterwards in 1991 had requested for entry of his children's names in his Domicile Certificate which was also duly done Miss Sahahat Hameed counsel also argued that it was only after her client had qualified for the medical admission in Bolan Medical College Quetta and had out contested the petitioner that the petition has been filed against issuance of her father's Domicile Certificate which is mala fide and may be rejected. After listening to the arguments of the both sides and carefully examining the evidence brought forth befofe this Court, I have come to the conclusion that Mr. Hameedullah was issued Domicile Certificate justifyingly and after fulfilling all legal and procedural formalities and I also have arrived at the decision that the point raised by the petitioner Mr. Muhammad Younis counsel and Miss Najma Parveen's father about the list displayed at King Edward Medical College, Lahore, does not have any relevance as this fact does imply that Miss Sabahat Hameed does in fact has a domicile of Rajanpur, as the Counsel for petitioner Mr. Muhammad Younis and father of Najma Parveen have failed to produce actual Domicile Certificate of either Miss Sabhat Hameed or her father issued from District Rajanpur, therefore, I reject the petition filed against the issuance of Domicile Certificate to Mr. Hameedullah by District Magistrate, Kohlu."
' Eventually petitioner's request for admission against reserved seat for Kohlu District was rejected by the Selection Committee on 24-6-1999 through following order:-- "Miss Sabahat Hameed d/o Hamidullah Khan, District Kohlu ' The Selection Committee unanimously decided that above named candidate has also applied for admission in King Edward Medical College, Lahore, as a candidate from Rajanpur District, Punjab.
The Chairman Admission Board/Prinacipal K.E.M.C., Lahore, has confirmed the fact vide his Letter No,10747/ K.E.M.C./91, dated 27-5-1999.
' The Selection Committee rejected her application under paras. 22 and 31 of Prospectus of Bolan Medical College, Quetta, for the academic Session 1997-98 and the next O.K. Candidate from Kohlu District will be admitted against the vacant reserved seat of Kohlu Agency. However, Miss Sabahat Hameed, the rejected candidate, has right to seek relief from the Court of law."
3. Petitioner challenged above decision in Constitutional Petition No,716 of 1999 before High Court of Balochistan, Quetta, which was dismissed in limine vide order dated 19-8-1999, which has now been assailed through present petition for leave to appeal.
4. Petitioner emphatically contended that she has not made any misdeclaration or provided any incorrect information in the application for admission in 1st year M.B.,B.S. Class submitted by her before Bolan Medical College, ,Quetta. It was greatly stressed that she has only domicile certificate from Kohlu District of Balochistan and does not possess domicile certificate from any other place.
Therefore, rejection of her application for admission by Selection Committee under paragraphs 22 and 31 of the prospectus for year 1997-98 of Bolan Medical College was unjustified and devoid of lawful authority.
5. When Mr. Ayaz Zahoor, Advocate Supreme Court, for Selection Committe and Malik Sikandar Khan, Advocate-General, Balochistan, were confronted with above situation they could not point out any element of misdescription in said application for admission submitted by petitioner.
Similarly, except minor error, Mr. S.A.M. Quadri, Advocate-on-Record, for private respondent also could not point out any misdescription or wrong information in original application for admission filed by petitioner or any document submitted alongwith said application. Admittedly, there is nothing to show that petitioner possesses domicile certificate of any place other than Kohlu District. Therefore, decision of selection committee rejecting the application for admission of petitioner in 1st Year Class of M.B.,B.S. On the basis of paras 22 and 31 of the Prospectus of Bolan Medical College, for year 1997-98 is clearly erroneous and obviously not sustainable. In the peculiar circumstances of present case, learned counsel appearing for respondents conceded that matter ought to be remanded for reconsideration by the Selection Committee regarding entitlement of petitioner as against respondent No,4 for admission in 1st Year Class of M.B.,B.S. In Bolan Medical College against reserved seat of Kohlu District. Even otherwise examining different aspects of controversy raised before us and for above reasons this petition is converted into appeal and setting aside the impugned order, parties are directed to appear before Selection Committee on 22nd September, 1999, at 9.00 a.m. In the office of Chairman, Balochistan Public Service Commission at Quetta. It is clarified that parties may raise objections in respect of candidature of each other in writing by giving prior notice to other side. Besides, Selection Committee may also demand explanation regarding specific questions/ objections with regard to validity of their candidature for admission against reserved seat for Kohlu District. Selection Committee shall also afford fair opportunity of submitting their written replies about queries made from these candidates. The Selection Committee on completing formalities shall decide the matter by or before 30th September, 1999. Petition on conversion into appeal is disposed of in the above terms.
Parties are, however, left to bear their own costs.