Law:

Section:

(a) Prospectus of Bolan Medical College, Quetta for Academic Year 1998-99--- ----Paras. 31 & 38---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Educational institution---Admission in First Year M.B.B.S. Class---Selection Committee granted admission to respondent against reserved seat of District Zhob by ignoring the report of District Magistrate to the effect that respondent did not belong to the said District---Validity---Selection Committee had overruled the report of District Magistrate without giving any cogent or substantial reason--­Selection Committee was bound to have enquired, whether respondent actually belonged to District Zhob or not, because it was the status of candidate, which had to be determined---Record did not show that respondent was born in Zhob or had lived there, rather it showed that respondent alongwith his family had been living in District Liyah for the last many y6ars---Respondent's father was carrying on business in District Liyah, where the names of his family members had been entered in electoral roll---Mere owning some immovable property in a District would not make the respondent permanent resident thereof---Selection Committee had failed to consider as to why respondent had passed his Matriculation and F.Sc. Examinations from Liyah, when facility of School and College was also available at Zhob--­High Court accepted Constitutional petition and cancelled the admission granted to respondent holding that he did not belong to District Zhob. Miss Sameia Zareen v. Selection Committee 1991 SCMR 2099 and Miss Salma Mughal v. Selection Committee 1993 SCMR 2082 ref. (b) Pakistan Citizenship Act (II of 1951)--- ----S. 17----"Domicile Certificate issued under the Pakistan Citizenship Act, 1951" and "Local Domicile Certificate issued by District Magistrate" ---Distinction between the two---Local Domicile Certificate was more or less equivalent to Permanent Residence Certificate of a particular District. Domicile Certificate issued under the Pakistan Citizenship Act, 1951 is not at par with the one issued from a particular District. The former is issued under a specific law, regarding intention on oath for…

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