Law:

Section:

Constitution of Pakistan (1973)------- Art. 185 (3) read with Provisional Constitution Order (1 of 1981), Art. 9-Prospectus for Admission to Medical College, r. 7 (f) (g) and ­Sind Permanent Residence Certificate Rules, 1971 - Educational institutions-Admission to M. B., B. S. against one of seats reserved for girl candidates of Karachi -- Contention that Sind Permanent Residence Certificate Rules were ultra vires of Governor's power not raised before High Court-Held, cannot be raised before, nor examined by Supreme Court-.Petition for leave to appeal dismissed. Usman Ghani Rashid, Advocate Supreme Court and A. Aziz Dastagir, Advocate-on-Record for Petitioner. Date of hearing: 5th September, 1983. ORDER S. A. NUSRAT, J.-This petition for leave to appeal is from the judgment of the Sind High Court, dated 12-4-1983 whereby constitutional petition of the petitioner seeking declaration that she was entitled to be admitted to first year M. B., B. S. class in the academic year 1982-83 was dismissed. . 2. The brief facts of the case are that the petitioner applied for admission to the first year M. B., B. S. class against one of 272 seats reserved for girl candidates of Karachi. She was interviewed on 17-2-1983 and asked to produce domicile certificate of her parents though she had stated in her application that her parents were permanently settled in Engl4nd and she was under the guardianship of her uncle. It is alleged that her name appeared at Serial No. 128 in the tentative list of the selected candidates and was also shown and scored off in the final list on account of her failure to produce domicile certificate of her parents. 3. According to the Prospectus of M. B., B. S. issued by the Government of Sind, Health Department, for the academic year 1982-83 the candidates applying for admission to Medical Colleges in Sind were required to produce certain documents alongwith their application as specified in rule 7. The petitioner, who is below 21 years of age was inter alts required to produce a Permanent Residence Certificate issued under Sind Permanent Residence Certificate Rules, 1971 and the domicile certificate of her parents as per sub-rules W and (g),…

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