Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R.9---Constitution of Pakistan (1973), Art. 185(3)---Non-joinder of a party in Constitutional petition---Leave to appeal was granted to consider whether direction could be made to appellant to implead specified person as a party to Constitutional petition and that such petition should pot have been dismissed on technical ground. (b) Educational institution--- ----Admission---Initially specified person was made a party in Constitutional petition but same was withdrawn with permission to file fresh one---Specified person was not made a party in subsequent Constitutional petition on the ground that petitioner had no cause of action against that person---Petitioner claimed that his case was identical with that of respondent in subsequent Constitutional petition and he having secured lesser marks than petitioner, he (petitioner) could claim relief against him---Case was remanded to High Court by Supreme Court for decision on merits between petitioner and respondent. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court is directed against the judgment of the High Court dated 18-1-1992. 2. The facts of the case are that the appellant applied for admission in the Engineering College, Khuzdar, against one of the seats reserved for Jafarabad District. The appellant received his education after 8th Class from outside Balochistan. The Selection Committee rejected the candidature of the appellant on the ground that he had studied outside Balochistan. The appellant filed a Constitution petition against the order of the Selection Committee in the High Court. In this Constitution petition Muhammad Iqbal one of the successful candidates was impleaded as a party. The said petition was withdrawn by the appellant with the permission to…

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