Law:

Section:

(a) Pakistan Citizenship Act (II of 1951).

----S.17---Pakistan Citizenship Rules, 1952, R. 23 & Appendix VIII, Form P -- Government of N: W.F.P. Notification No.EXA (30)8-1/71, dated 18-9-1978-- "Ordinary Domicile Certificate" issued to a person seeking admission in any of the educational institutions was not at par with "domicile certificate" envisaged in the Pakistan Citizenship Act, 1951---Ordinary Domicile Certificate issued to a candidate for admission is issued in exercise of administrative authority of District Magistrate concerned under a communication of the Law Department of the Provincial Government of N: W.F.P. for purpose of determining the domicile of an applicant who seeks admission---Such certificate though is issued administratively, yet issuance of such .certificate creates a right in the .holder thereof---Procedure to be followed in issuing-- "Ordinarily domicile certificates"----[Domicile]

Domicile certificates issued to candidates for admission in a college are not at par with the domicile certificate envisaged in the Pakistan Citizenship Act, 1951, in that while the latter is 'issued under a spec law, requiring expressed intention on Oath of permanently residing in Pakistan on behalf of the applicant, thereby abandoning a domicile of origin in another country; the former does not contemplate acquiring domicile of one Province with contemporaneous intention of abandoning the domicile of the Province of origin. Nor is it issued under any such law. In fact it is issued in exercise of administrative authority of a District Magistrate concerned presently under a communication of the Law Department of the Government of N: W.F.P. Notification No. EXA (30) .8-1/71, dated 18-9-1978 for the purpose of determining the domicile of an applicant who seeks admission in any of the Educational Institutions such as Medical College, Engineering College etc. Although such certificates in N: W.F.P. are issued administratively, yet issuance of these creates a right in the holder thereof