Law:

Section:

  Educational institutions- ---- Admission in Medical College on special reserved seats of District `J', Balochistan---Petitioner and two selected candidates/respondents applying for such reserved seats---Petitioner's marks although were more than one of the selectee respondents yet admission was refused to him on the ground that he could not satisfy Selection Committee as to reason why he had to go outside Balochistan to qualify for F.Sc. Examination---All the three candidates had passed their Matriculation Examination from the same school in Balochistan and all of them had passed their F.Sc. examination from the same school in Hyderabad ---Selection Committee, while selecting candidates for Medical College took the view that although petitioner qualified for admission, yet his explanation regarding his education from outside Province was not satisfactory while respondents had satified Selection Committee with regard to their explanation---Selection Committee's conduct in exercising discretion was required to be based on judicious evaluation of attending circumstances rather than nepotism, whim or caprice. Each citizen has inalienable right for equal treatment, and facility of having equal opportunities within reasonable limits prescribed by law. Similarly State functionaries or administrative tribunals were bound to exercise their authority or discretion in a fair and just manner without displaying favour or discrimination. Their conduct in exercising discretion was required to be based on judicious evaluation of attending circumstances rather than nepotism, whims or caprice. Selection Committee while considering rival claims of above-mentioned students of district J made glaring discrimination and unjustifiably picked respondent, depriving petitioner of his legitimate right of admission in the Ist Year Class of B.D.S. Bolan Medical College, Quetta. Amazingly, official respondents in the counter-affidavit have now carved out new explanation saying that petitioner's candidature was rejected because plea for claiming condo nation was found to be false. Whereas impugned order was conspicuously silent about it. Efforts of public functionaries…