The Constitution of Pakistan, 1973 Developed by Zain Sheikh

It is to be observed that prior to present paragraph 7 incorporated in the Prospectus of Bolan Medical College for the year 2000-2001 candidates used to get admission on the basis of reserved quota district-wise except few seats which were earmarked for provincial merits basis but on the pronouncement of judgment in Mst. Attiyya Bibi Khan (ibid) and also taking into consideration admission of review petition referred to hereinabove the Government of Balochistan allocated seats for admission in Bolan Medical College by creating two different classes under the different circumstances namely 70% seats were earmarked for those candidates who got their education from outside their native districts and 30% seats were allocated to those candidates who got their education (Matriculation and F.Sc) from their native districts. There is rational behind the distribution of seats viz. 30% and 70% namely majority of the students to manage their education including Matriculation and F.Sc from outside their native districts like Quetta etc., where more congenial educational atmosphere is available on account of which they receive education in altogether different circumstances comparing to the students who for lack of sufficient financial means receive their education including Matriculation and F.Sc within their native districts under less congenial educational atmosphere and facilities like far-flung areas of Dera Bugti etc. It is an admitted fact that the students for whom 30% seats have been allocated fall in that class/category who are left with no option but to receive education in their native districts n account of financial compulsion or some other social reasons, therefore, the allocation of the seats at the rate of 70% and 30% was made keeping in view the intelligible differential because it was all the ore necessary to accommodate those students who had received education in less congenial educational atmosphere and for such reason they cannot compete with the students who had received education of Matriculation and F.Sc in a better and renowned educational institutions situated in urban areas like Quetta etc. It may be noted that majority of students for whom 30% seats have been allocated belong to rural area, therefore, there were sufficient basis or reasons to create two classes for admission in Bolan Medical College one for those students who have passed their Matriculation and F.Sc. Examination from outside their native districts for the reasons mentioned hereinabove and the other for those who have received such education within their native districts. Thus we are of the opinion that the classification on intelligible differential was struck in accordance with the pronouncement made by this Court in the cases of Mst. Attiyya Bibi Khan (ibid) and Shireen Raza and others (ibid). Therefore the learned Division Bench of Balochistan High Court had wrongly declared paragraph 7 of the Prospectus as ultra vires the provisions of Articles 22(4), 25, 37 and 38 of the Constitution. [p. 165,166, 169 & 170] A & F.