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Constitutional Petition No. 80 of 1985, decided on 5th October, 1985.

Para. 18‑Prospectus for Local and Domicile Candidates of Province of Baluchistan, Chap. 1, paras. 27 & 28 ‑ Provisional Constitution Order (1 of 1981), Art. 9‑Educational institution Admissions to Medical Colleges‑Permanent residence‑Fact that petitioner's eldest sister receiving a part, of her education at a place located in other province, held, would not prove that petitioner was not a permanent resident of Baluchistan.

‑‑ Art. 9‑Prospectus for Local and Domicile Candidates of Pro vince of Baluchistan, Chap. 1, paras. 27 & 28‑Prospectus of Bolan Medical College Quetta for years 1984‑85 and 1985‑86, para. 18‑Educational institution‑Admission‑‑Petitioner obtained all her education at Sibi (Baluchistan) ‑Father of petitioner purchasing a plot at Sibi with intention to permanently settle down there by constructing a house after retirement‑Fact that name of petitioner appealing in Certificate of Domicile issued to father of petitioner by District Magistrate which had not been cancelled proving beyond doubt that petitioner was genuine domicile of Province of Baluchis tan‑Petitioner eligible, on basis of marks obtained in F. Sc., to be nominated for admission to Fatima Jinnah Medical College, Lahore, against reserved seats‑Order passed by Selection Committee, Medical College, Baluchistan, whereby application of petitioner for admission to Fatima Jinnah Medical College, Lahore was dismissed, based on considerations extraneous to conditions laid down in Prospectus and committee misreading evidence on record in respect of domicile of petitioner‑Order of Selection Committee set aside and petitioner ordered to be admitted to M. B., B. S. Class in Sibi Medical College, Quetta, in current academic session since admis sion to reserved seat at Lahore had already been made.

‑‑ Permanent residence‑Persons in service‑Citizen has a right to change his domicile at any time‑In, case of persons in service who are generally posted at different places, it should be seen at what place they intend to reside permanently after retirement froth service.

-‑ Art. 9‑Question of right‑Special Forum‑Whenever a question of right of ‑a person is involved before a special forum, that forum, held, was expected to settle that matter in a judicious manner and not capriciously or whimsically‑For adjudication of rights of persons all forums, even if they were administrative in nature, held, were expected to act judiciously‑Decisions or orders when found capricious and manifestly unjust, High Court would be competent to examine their validity as no legal sanctity was attached to such orders.

Khalid Malik for Appellant.

Muhammad Yousuf, A. A.‑G. for Respondent No. 1.

Nemo for Respondent No. 2.

Aurang Zaib for Respondent No. 3.

Date of hearing : 1st October, 1985.

‑This Constitutional petition, filed by Mst. Shakila Akhtar Bajwa, petitioner herein under Article 9 of the Provisional Constitution. Order. 1981, ells into question the order, dated 1‑8‑1985 of the selection Committee Medical Colleges. Baluchistan, respondent No.1 herein, whereby her application for admission to Fatima Jinnah Medical College was rejected.

2. The facts briefly stated are that Chaudhary Muhammad Ibrahim Bajwa father of the petitioner, is an employee of the Pakistan Railways and is, posted at Sibi. Chaudhary Muhammad Ibrahim was first posted to Sibi in 1958 and since then he has been posted to Sibi on various occasions and since 1980 he is continuously serving Pakistan Railways in Sibi. As such he has spent the most part of his service at Sibi. He obtained a certificate of Domicile of Sibi in 1982. His daughter Mst. Shakila Akhtar Bajwa petitioner herein, has passed her F. Sc. Pre medical examination from, Government Inter Girls College, Sibi in 1984 obtaining 653 marks. According to Paragraph 18 of the Prospectus of Bolan Medical College, Quetta for the years 1984‑85 and 11985‑86, four seats for girl candidates of the Province of Baluchistan are reserved in Fatima Jinnah Medical College for Girls, Lahore and these seats have been distributed to all the four Divisions of the Province which means that one seat is reserved for each Division. Mst. Shakila Akhtar Bajwa applied for the said seat from Sibi Division and according to the Provi sional Merit list of Sibi District (Annexure F/ t') prepared by the Principal, Bolan Medical College, Quetta, the name of the petitioner has been shown at S. No. 1. However, in the list of successful candidates, as published in the newspapers (Annexure H'), the name of the petitioner is missing and then she came to know that the Selection Committee, respondent No. I herein, had vide, letter, dated 1‑8‑1985 (Annexure H/1') rejected her application. She was, therefore, compelled to file the present Constitu tional Petition.

3. The respondents Nos. 1 and 2 in their counter‑affidavit have mainly relied upon the contents of the impugned order dated 1‑8‑11985 to justify their action. Respondent No. 3 has not controverted in her counter‑affidavit the facts mentioned by the petitioner in the petition.

4. The facts, which have neither been controverted nor denied, are that Ch. Muhammad Ibrahim Bajwa, father of the petitioner, has spent the most part of his service in Sibi and since 1980 he is continuously serving the Pakistan Railways in Sibi, the petitioner has obtained all her education from primary upto F. Sc. at Sibi, her father obtained a domicile certificate of Sibi on 22‑3‑1982 wherein the name of the petitioner is mentioned at S. No. 4. in the Provisional merit list prepared by the Principal, Bolan Medical College, the name of the petitioner is at the top. In spite of all these facts and circumstances the application of the petitioner for admission to Medical College was rejected on the ground ; firstly that the application of her elder sister Mot. Tanweer Akhtar for admission to Bolan Medical College for the academic session 1982‑83 was rejected on the ground that she was not a resident of Sibi District ; secondly, the father of the petitioner had not constructed any house for living at Sibi ; and thirdly, the residential address of her father at the time of joining Railway service was village and post office Gunna Kalan, District Sialkot. From these circumstances the Selection Committee. respondent No. 1 herein, came to the conclusion that Chaudhary Muhammad Ibrahim and his family actually belonged to Punjab.

5. In so far as the aforesaid first ground is concerned it was explained by Mr. Khalid Malik, counsel for the petitioner, that Miss Tanweer Akhtar, elder sister of the petitioner, had studied for some time at Sargodha and as she was immediately married so her father did not seriously think of getting her admitted in the Medical College. The said Miss Tanweer Akhtar then was appointed as a teacher in 1983 in the Government Girls Middle School, Guloo Shaher near Sibi. , The aforesaid facts were not controverted by the learned A. A.‑G. Anyhow the fact than the elder sister of the petitioner had received a part of her education at Sargodha would by no stretch of imagination prove that the petitioner was also not a permanent resident of Baluchistan. This contention of the respondents is not borne out by the established fact that the petitioner, received all her education at Sibi.

6. In so far as the aforesaid second ground is concerned, it has been brought on record that Ch. Muhammad Ibrahim Bajwa father of the petitioner, has purchased a plot of land in Sibi. He is still in service rind it has been stated on his behalf by the learned counsel for the petitioner that after retirement he will get retirement financial benefits from the Railway and then he would construct a house on the said plot. The factum of purchase of plot at Sibi and the intention of Ch. Muhammad Ibrahim to construct a house on it after retirement, go a long way in proving that he has the intention of permanently settling at Sibi. During the entire period of his service wherever he was posted he used to get official accommodation and as such he did not feel the need of constructing his own house. Moreover, his financial position may not have permitted him to think of constructing a house. He has, as would be apparent from the record, given very good education to all his children, and he may not have saved any money. His intention to construct a house at Sibi after retirement from Railway service appears to be genuine and is fortified by the fact that he has also purchased a plot for the said purpose. The respondent No. 1 had no reason before it to conclude in the impugned order that the father of the petitioner had no intention to permanently settle, down at Sibi.

7. In so far as the aforesaid third ground is concerned, it can be stated without any fear of contradiction that no doubt the father Pf the petitioner was a resident of Punjab at the time of joining the Railway service but he has now the intention to permanently settle down at Sibi. A citizen has the right to change his domicile at any time and persons whop are in service are generally posted at different places and in their case it is to be seen at what place they intend to reside permanently after retirement from service. The father of the petitioner has proved his intention to D permanently reside at Sibi after retirement by purchasing a plot of land in Sibi.

8. The respondent No. I has misread the evidence in respect of the domicile of the petitioner. Actually there was nothing on record to conclude that the petitioner is not a resident of the Province of Baluchistan.

9. According to paragraphs 27 and 28 of Chapter I of the Prospectus the Local and Domiciled Candidates of the Province of Baluchistan are eligible for admission to the Medical College in the Province. A certificate of domicile has been issued to father of the petitioner by the District Magistrate, Sibi and the same has not been cancelled: The petitioner' name is mentioned at Serial No. 4 in the said certificate. It was, therefore, F proved beyond any doubt that the petitioner is a genuine domicile of the Province of Baluchistan and there is no evidence to the contrary on the record. The petitioner obtained all her education at Sibi. ' The respondent No. 1 has not only misread evidence in this respect but has also interpreted the policy of admission as laid down in the Prospectus.

10. It was urged by the learned A. A.‑G. that the respondent No. .l was competent to hold further inquiry in order to decide as to whether a candidate actually belonged to the District of which he had produced the Local/Domicile Certificate as laid down in Paragraph 34 of the Prospectus. The learned A. A.‑G. contended that the Selection Committee had rejected the‑application of the petitioner after making inquiry and that decision was final. No doubt the Selection Committee could make further inquiry when there was a doubt regarding any candidate that he did not actually, belong to the District from where he had applied for admission. But in the present case there existed no such doubt The Domicile Certificate issued in favour of the father of the petitioner is intact and has not bee cancelled. The petitioner obtained all her education at Sibi. On the basis of the marks obtained in F. Sc. she was eligible to be nominated for admission to Fatima Jinnah Medical College, Lahore. The fattier of the petitioner intended to permanently settle down at Sibi where he had purchased a plot of land and after retirement wanted to construct a house thereon. In the face of all these facts there should have been no doubt in the mind of the Selection Committee about the bona fides of the petitioner. Whenever a question of rights is involved of a person before a ' special forum, that forum is expected to settle that matter in a judicious manner and not capriciously or whimsically. For the adjudication o rights of persons all forums, even if they are administrative in nature, are expected to act judiciously, and if their decisions or orders are capricious and manifestly unjust, the High Court would be competent to examine their validity as no legal sanctity is attached to such an order. The impugn ed order of the respondent No. 1 is based on considerations not born out by the record. The application of the petitioner has been rejected o considerations extraneous to the conditions laid down in the prospectus. As such the impugned order is void and cannot be upheld.

11. For the aforesaid reasons we would accept this constitutional petition, set aside the impugned order, dated 1-8‑1985 of the respondent No. I and would order that the petitioner shall forthwith be admitted t the M.B.,B.S. Class of the Bolan Medical College, Quetta for the current academic session, 1985. Since the respondent No. 3 has already bee granted admission in the Fatima Jinnah Medical College, Lahore, w further direct that the petitioner shall be granted admission in Bollan Medical College, Quetta against a reserved seat of candidates from Sibi District. There shall be no order as to costs.

12. We had accepted this petition vide our short order, dated 1‑10‑1985 and above are reasons for the same.

M. Y. H. Petition allowed.

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