Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-----Art. 199--MBBS/BDS admissions--Reserved seats—Admissionpolicy--Merged area--Valid domicile of merged district--Concealment of fact--Qualification for admission--Principles of locus poententia Direction to--When only qualification for getting admission in Medical Colleges against reserved seats for erstwhile FATA students is that they must possess valid domiciles of Merged Districts which qualification both respondents amply have then there is no justification for petitioner to challenge their entry into medical profession--It is will settled that a person can possess only one domicile at a time and having two domiciles at same time is an illegal act which fact was even made known to respondent when second domicile was issued to him--It was within specific and personal knowledge of respondent that subsequent to his earlier tribal domicile he was issued a domicile from Peshawar and thus he was ceased to be a resident of erstwhile FATA but even then he got admission in noble profession of medical through concealment of facts qua his nativity which act and conduct of his cannot be countenanced and validated on any ground Mushtaq Ahmad be admitted in place of Ameen-ud-Din but as by now almost a year has passed and in such like situation, it would not be possible, as per rules, to consider petitioner Mushtaq Ahmad for his admission in session 2020-2021--Other respondents are directed to admit him in medical college as a student of MBBS in upcoming session of 2021-2022--Petition allowed.  JUDGMENT Lal Jan Khattak, J.--Through this judgment, we shall also decide the connected Writ Petition Bearing No. 1109-P/2021 titled “Mushtaq Ahmad vs. Government of Khyber Pakhtunkhwa Health Department, Peshawar etc.’, as common issue is involved in both the petitions wherein the petitioners have questioned MBBS/BDS admissions of the Respondents No. 7 to 11 in the Public Sector Medical and Dental Colleges of Khyber Pakhtunkhwa against the seats reserved for candidates hailing from erstwhile FATA. 2. It is the petitioner’s case in WP No. 1069-P/2021 that pursuant to the advertisement annexure “D” to the writ petition, he and the Respondents No.…

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