Law:

Section:

Educational institution----Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Admission Policy of Government of Balochistan, para, 2.12---Non-joiiider of necessary party---Effect---Constitutional petition--­Maintainability---Respondent initially was denied admission in Engineering College on ground that he had passed his Matriculation and F.Sc. Examinations from outside the Province---Respondent's Constitutional petition was accepted and thorough probe was conducted whereby it transpired that respondent had valid reasons to get education from outside Province---Respondent was thus recommended for admission and he was admitted in Engineering College at Karachi---Validity---Respondent admittedly had obtained more marks than petitioner---Selection Committee being fact-finding body considered plea of respondent for non-passing his Matriculation and F.Sc. Examinations under para. 2.12 of Admission Policy of Government for admission in Engineering College---Petitioner failed to show that findings were not based on evidence or same were arbitrary y perverse etc. so as to deserve interference---No case was made out in terms of Art. 199 of the Constitution---Petition was dismissed accordingly. C.P. No. 188 of 1982 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioner Inayatullah son of Muhammad Wali passed his Matriculation and F.Sc. (Pre-Engineering) Examinations from the Board o: Intermediate and Secondary Education, Balochistan, and secured 545 out of 1100 marks, in F.Sc. Examination. Whereas private respondent No. I, passed both these examinations from the Board of Intermediate and Secondary Education, Hyderabad and secured 586 out of 1100 marks in last-mentioned examination. Respondent No. 1, being the Local of District Qilla Saifullah, applied for admission in first year Engineering College, against one of reserved seats of said District, for the Session 1993-94 by Selection Committee rejected his candidature, under clause 2.12 of the Admission Policy-. As such, rejection order was challenged in C.P. No. 157/1995, which was partially allowed on 1st August, 1995. Relevant observations therefrom, are reproduced…

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