Law: Sindh Permanent Residence Certificate Rules 1971

Section: R.2(1),8

Law: Constitution of Pakistan, 1973

Section: 22(4),37(1)(a),199

Sindh Permanent Residence Certificate Rules, 1971--- ----Rr. 2(1) & 8---Constitution of Pakistan, Art. 199---Constitutional petition--- Maintainability--- Scope---Medical college---Admission quota---Permanent Residence Certificates ('PRCs'), cancellation of---Constitutional petition challenging cancellation of admission in medical college when students had almost completed their course---Maintainability---Alternate remedy not adequate or efficacious---Process of verifying the educational testimonials as well as domicile and PRCs of merited candidates ('respondents') who were granted admission for the academic session 2012-2013 was completed in accordance with the policy of the educational institution---Petitioner, who was denied admission, owing to failing to meet the admission criteria, filed appeals before the Commissioner in the year 2015 under R. 8 of the Sindh Permanent Residence Certificate Rules, 1971 seeking cancellation of PRCs issued in favour of respondents---Said appeals remained pending for almost two years and ultimately in the year 2017 the said appeals were allowed and the PRCs of the respondents were cancelled---Respondents filed constitutional petitions before the High Court against the order of the Commissioner cancelling their PRCs, which petitions were allowed and order of Commissioner was set aside---Plea of petitioner that the constitutional petitions were not maintainable as alternate remedy against order of Commissioner was provided under the Sindh Permanent Residence Certificate Rules, 1971---Held, that after verifying the genuineness of the PRCs by the office of the Deputy Commissioner, the respondents were granted admission in the academic session 2012-13 and then all of a sudden their cancellation in the year 2017 when the holders of the PRCs had almost completed their (MBBS) degree, exposing them to uncertain consequences was a justifiable cause to invoke the constitutional jurisdiction of the High Court as in the circumstances, the remedy provided under the Sindh Permanent Residence Certificate Rules, 1971, was not adequate or efficacious---Moreover prospectus/rules of the medical college only provided that in case the PRCs or…

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