| Citation(s) |
|---|
| 1992 SLD 807 = 1992 CLC 1453 |
Sindh High Court
Constitutional Petition No. 662 and Miscellaneous No.1414 of 1991, decided on 19th August, 1991.
Presented By: Before Nasir Aslam Zahid and Salahuddin Mirza, JJ
Shamsuddin Khalid Ahmed for Petitioner. Rehanul Hassan Farooqui for
Respondent No.l. S. Sarfraz Ahmed Addl.A.-G. for
Respondent No. 2.
Respondent No.3 absent. Rasheed A. Rizvi for
Respondent No.4. Munirur Rehman for
Respondent No.5.
Constitutional Petition No. 662 and Miscellaneous No.1414 of 1991, decided on 19th August, 1991.
Presented By: Before Nasir Aslam Zahid and Salahuddin Mirza, JJ
Shamsuddin Khalid Ahmed for Petitioner. Rehanul Hassan Farooqui for
Respondent No.l. S. Sarfraz Ahmed Addl.A.-G. for
Respondent No. 2.
Respondent No.3 absent. Rasheed A. Rizvi for
Respondent No.4. Munirur Rehman for
Respondent No.5.
SHAHZAD MUMTAZ --- Petitioner
VERSUS
N.E.D. UNIVERSITY OF ENGINEERING & TECHNOLOGY, KARACHI through Registrar and 4 others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Educational institution--- ---- Constitution of Pakistan (1973), Art. 199---Domicile certificate---Petitioner admitting that fact about issuance of previous domicile certificate and permanent residence certificate of urban area had not been mentioned anywhere in the memo. of Constitutional petition nor copies of such certificates were fled---Petitioner now seeking admission in educational institution on' basis of domicile certificate of rural area, having concealed relevant facts, was not entitled to invoke Constitutional jurisdiction on such ground alone. Educational institution--- of Pakistan (1973), Art.199---Domicile certificate---Admission in educational institution on basis of domicile certificate of rural area-- Petitioner till end of February 1991, taking stand before concerned Authorities that he was a permanent resident of urban area and submitted affidavit in proof of such fact---In one month i.e. in March, 1991, position taken by petitioner could not have changed so as to entitle petitioner to claim that he was a permanent resident of rural area---On merits also, no case was made out by petitioner for admission to a seat reserved for rural area concerned. Shamsuddin Khalid Ahmed for Petitioner. Rehanul Hassan Farooqui for Respondent No.l. S. Sarfraz Ahmed Addl.A.-G. for Respondent No. 2. Respondent No.3 absent. Rasheed A. Rizvi for Respondent No.4. Munirur Rehman for Respondent No.5. Date of hearing: 19th August, 1991. JUDGMENT NASIR ASLAM ZAHID, J.--Petitioner Shahzad Mumtaz had applied for admission to First Year Engineering Batch 1990-91 in the N.E.D. University of Engineering & Technology under Category 10-2-10, that is, rural. In this category, six seats were available for permanent residents of rural areas of Karachi. The last date of submission of application form was 18-3-1991. According to the petitioner, he had applied for the issuance of Permanent Resident Certificate (PRC) prior to 18-3-1991 but he received PRC a few days after the expiry of last date for submission of applications. He had, however, submitted his application form on 18-3-1991 with which he had attached a certificate of , the District Magistrate,…