Law:

Section:

Educational institution--- ---- Constitution of Pakistan (1973), Art. 199---Prospectus of Bolan Medical College, Quetta, para. 29---Admission in Medical College against one of the reserved seats of District 'L'---Petitioner's application for admission was rejected on the ground that he had passed his Matriculation Examination from an institution outside the province of his domicile although he had passed his F.Sc. Examination from the place of his domicile---Validity---Prima facie, condition of passing Matriculation would become relevant only when there was a tie between two students who were otherwise qualified and eligible-- Matriculation' marks would alone determine as to who should be given preference for admission in case' of a tie between two eligible candidates-- There being no tie in the marks of petitioner in F.Sc. and those of respondents (candidates), there appeared to be no genuine and valid reason for rejecting petitioner when he was admittedly a local of District `Land had passed his F.Sc. Examination from a local institution of his place of domicile having secured more marks than respondents (candidates)---Selection Committee having not properly applied its mind, its order in question, rejecting petitioner's admission form to admission in M.B.,B.S. was declared to have been passed without lawful authority and of no legal effect---Direction was issued to Selection Committee to admit petitioner as against one of the reserved seats. of District `L' as against respondent who had lesser marks. Shakil Ahmed for Petitioner Yakoob Khan Yousafzai, A: G., M.S. Rakhshani and SA.M. Quadri for Respondents.----- Date of hearing: 24th November, 1993. JUDGMENT 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. 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. As a contractor the petitioner's father wanted to give…