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Constitutional Petition No. 154 of 1979, decided on 7th November, 1979.
‑‑‑‑ Bolan Medical College Prospectus (1979‑80)‑Discretion‑Not synony‑ mous with arbitrariness, whim or caprice‑Law stands to be given effect and not to be flouted‑Impugned order denying admission to peti tioner passed by Selection Committee‑Selection Committee while form ing its opinion completely ignoring entire relevant evidence‑Impugned order nothing but whimsical‑Case involving exercise of discretion one in which after due consideration of relevant material an authority finds two different views of a matter being possible and both being equally weighty and adopts one of them‑View adopted in such case would not be interfered with, no matter how incompatible it might appear to be to an aggrieved person‑Case not even of improper exercise of discretion to persuade Court to take a milder view Impugned order being highly unjust and arbitrary, held, cannot be saved by confusing it with question of exercise of discretion.‑[Words and phrases].
Abdul Khaliq v. Province of Baluchistan 1981 C L C 728 ; Ghulam Siddique v. Selection Committee, Bolan Medical College 1981 C L C 725 and Miss Nasreen Fatima A wan and others v. Government of Baluchistan and others P L D 1978 Quetta 17 ref.
‑‑ Order with jurisdiction‑Test‑Jurisdiction means nothing else but careful application of relevant laws to facts of a case by a competent authority‑Further conclusions that flow as a result of such process Should manifest by themselves proper application of mind‑An order incapable of coming up to such test, held, not an order with jurisdic tion.‑[Jurisdiction].
Ghulam Rasool and others v, The Government of Baluchistan and others P L D 1978 Quetta 40 and Muhammad Hayat v. Crown P L D 1951 F C 15 ref.
Khalid Malik for Petitioner.
Basharatullah, A.‑G. for Respondents Nos. I and 2.
Azizullah Memon for Respondent No. 3.
Date of hearing : 7th November, 1979.
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