Case Details

Citation(s)
1975 SLG 244 1975 SLD 244 1975 SCMR 265
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 2-R of 1974, decision dated: 8th January 1975
SALAHUDDIN AHMED AND ANWARUL HAQ, JJ
Ghulam Mujtaba, Advocate-on-Record for Petitioner. Nemo for
Respondents

Miss AMTUL NASEER SAMI

VS

SECRETARY, HEALTH, GOVERNMENT OF BALUCHISTAN AND OTHERS

Law:

Section:

(a) Domicile Residence must answer qualitative as well as quantitative test­ Naturalisation; purchase of house; exercise of political rights; financial expectations; establishment of children in business; place of family residenceIndecia of a person's intention in regard to residence. Muhammad Bibl v. Abdul Ghanl P L J 1975 Kar. 1 and Ramsay v. Liverpool Royal Infirmary 1930 A C 588 ref. (b) Educational Institutions Admission to medical collegeProspectus of Bolan Medical College for academic Session 19 i475Allocation of seats as indicated in r. 13 of general rules for admission (p. 11 of Pro­spectus)Words' used in r. 13 merely spell out categories of eligibility and not preferences. ORDER ANWARUL HAQ J. This petition seeks leave to appeal against an order made by a Division Bench of the High Court of Sind Baluchistan at Karachi on the 1st of November 1974, whereby a Constitution petition moved by the -Petitioner in the matter of her admission to the Bolan Medical College, Quetta, was dismissed. The -Petitioner is the daughter of a doctor, employed in the Provincial Health Department of the Baluchistan Province, and at present serving as an Assistant Director, Health at Quetta. She claimed to be entitled to admission to the Bolan Medical College on the basis of an announcement appearing in the daily 'Mashriq'. Quetta, on the 30th of January 1974 to the effect that the Provincial Chief Minister had, inter alts, directed that one seat in the College shall be reserved for the children of the doctors of the province for the academic session commencing in March 1974. The authorities concerned, however, gave this reserved seat to -Respondent No. 3, Iftikhar Ahmad, on the ground that he had secured higher marks in the F. So. (Mud.) Examination and was domiciled in Baluchistan, The -Petitioner challenged this decision of the admission committee by means of a Constitution petition, but the same was dismissed by the High Court on the ground that, although the father of the successful -Respondent was serving as a doctor under the Pakistan Western Railway and posted at Khanewal at the time of the -Respondent's application, yet he had served in Baluchistan from June 1947 to…
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