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ABDUL KHALIQ versus PROVINCE OF BALUCHISTAN


Article 199 Constitutional jurisdiction attracts and restricts arbitrary orders, which attract constitutional jurisdiction.

1981 C L C 728

[Quetta]

Before Mir Khuda Bakhsh Marri, C. J. and Zakaullah Lodhi, J

ABDUL KHALIQ‑Petitioner

versus

PROVINCE OF BALUCHISTAN AND 3 OTHERS‑Respondents

Constitutional Petition No. 185 of 1979, decided on 29th October, 1979.

(a) Educational institutions‑

‑‑ Prospectus of Bolan Medical College (1979‑80), r. 26‑Admission Application of petitioner submitted to Selection Committee convincingly explaining relevant circumstances and such circumstances not finding mention in impugned order much less careful examination and suitable finding thereon‑Impugned order, held, not tenable in law.

(b) Educational institutions‑

‑‑ Prospectus of Bolan Medical College (1979‑80), r. 26‑Clause 26 applicable only to such cases which after taking into account all attending circumstances facing a candidate, speak of his option to receive education outside Province in order to be benefited by better standards of education available elsewhere in order to compete with students of his district placed in comparatively less advantageous educational environments.

(c) Constitution of Pakistan (1973)‑

‑‑ Art. 199‑Constitutional jurisdiction‑Arbitrary orders, held, attract constitutional jurisdiction and liable to be struck down.

Miss Nasreen Fatima Awan and ethers v. Government of Baluchistan and 6 others P L D 1978 Quetta 17 ref.

S. A. M. Qadri for Petitioner.

Muhammad Yousaf, Asstt. A: G. for Respondents Los. 1 to 3.

Respondent No. 4 in person.

Date of hearing: 29th October, 1979.

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