1. ' In this Constitutional Petition the following relief has been claimed: "It is, therefore, accordingly prayed that this Honourable Court may looking into the matter, set aside the impugned order dated 11-11-2000 passed by respondent No,2, in sequence of decision made by respondent No,1, and to allow the petitioner to continue his studies as a Medical Student of B.M.C., and further to not award and compensate the respondent No,4 at the cost of petitioner's seat, in the interest of justice."
2. ' The brief facts of the case are that the petitioner and the respondent No,4 applied for admission to first year M.B.,B.S. Of Bolan Medical College, Quetta in the academic session 1998-99 against the reserved seats of District Kech and on objection raised by the petitioner about the local certificate issued in favour of the respondent No,4 on the ground of being not a local resident of District Kech, his local certificate was cancelled by the respondent No,3 vide order dated 9-3-2000 and the petitioner being the next candidate standing on merit list was granted admission in the first year M.B.,B.S. Of Bolan Medical College, Quetta.
3. ' Respondent No,4 feeling himself aggrieved of the order of cancellation of his local certificate by the respondent No,3 filed Constitutional Petition No,265 of 2000 questioning by validity and legality of the said order. Also the respondent No,4 assailed the order of the Selection Committee referring the matter pertaining to the validity of the local certificate to the District Magistrate for inquiry by filing C.F. No,308 of 2000 and both these C.Ps. Were decided by the Hon'ble Division Bench vide judgment dated 30-10-2000 by remanding the case to the Selection Committee for considering candidature of the respondent No,4 and that of the petitioner on merit. Operating part of the judgment passed in C.P. No,265 of 2000 and 308 of 2000 is reproduced herein below for convenience raised and educated at District Turbat and he has never obtained Local Certificate from any other District, therefore, it is held that petitioner is bona fide resident of District Turbat and the impugned order dated 9-3-2000 passed by District Magistrate, Turbat, whereby the local Certificate of petitioner was cancelled is set aside and the Local Certificate dated 19-9-1998 issued in favour of petitioner is restored. Consequently the petitions are partially allowed and case is remanded to the Selection Committee, for considering the candidature of petitioner and that of respondent on merits."
4. ' On remand of the case, the Selection Committee of the Bolan Medical College granted admission to the respondent No,4 in the first year M.B.,B.S. And deserted the petitioner, to whom admission was earlier granted on account of the cancellation of the local certificate of the respondent No,4 vide order dated 11-11-2000 impugned in this Constitutional Petition, which reads as under:-- "In pursuance of the judgment of the Hon'ble High Court of Balochistan vide C.P. No,265 of 2000 and C.P. No,308 of 2000 dated 30-10-2000 and the decision taken by the Selection Committee Bolan Medical College, Quetta dated 7-11-2000. The admission of Mr. Shahid Khalid son of Ghulam Rasool Khalid, District Kech, Ist year's M.B.,B.S. Class Roll No,122 is hereby treated as cancelled with immediate effect."
5. We have heard the learned counsel for the petitioner Mr. Azizullah Kakar in the light of the admission policy of Bolan Medical College pertaining to the Academic Session frankly conceded that fixed number of seats are allocated for each District on merits for admission to first year M.B.,B.S. Class and on account of admission granted to respondent No,4 on merits as per relevant paragraph of the admission policy, the petitioner, who does not stand on merit as against the respondent No,4 has been directed to be deserted vide impugned order, however; the learned counsel submitted that since the petitioner has already attended the clauses for a couple of months, therefore, in equity he is entitled to continue his studies and not to be unseated. Mr. Kakar submitted that on humanitarian grounds this Court can observe that the petitioner to continue his studies because deseating is likely to cause great hardship to the petitioner.
6. ' We are afraid that while exercising extraordinary Constitutional jurisdiction it is difficult for us to increase/decrease any number of the seats allocated for each District for admission to M.B.,B.S., first year on merits on humanitarian grounds and as against the expressed provisions of the admission policy and secondly since the petitioner does not stand on merit as against respondent No,4, who has been granted admission by the Selection Committee on merits and thirdly for the reason that as the petitioner has attended the clauses for couple of month would not create any right in favour of the petitioner to continue studying in the College against a seat which does not exist, hence this Constitutional Petition being devoid of any substance is dismissed in limine.