Case Details

Citation(s)
2000 SLG 1959 2000 SLD 1959 2000 CLC 1189
Sindh High Court
Constitutional Petition No.D-658 of 1999, heard on 30-06-1999
SABIHUDDIN AHMED AND GHULAM RABBANI, JJ
Muhammad Zahid Khan for Petitioner. Muhammad Sarwar Khan, Addl. A.; G. for
Respondents

Miss WARD AH SALMAN

VS

GOVERNMENT OF SINDH and 2 others

Law:

Section:

(a) Educational institution------- Admission to a professional college---Domicile Certificate, requirement of---Scope---Such certificate issued by District Magistrate for enabling a person to be admitted in a professional college against sea reserved for that district/area is altogether different from that required to be issued under the provisions of Pakistan Citizenship Act, Muhammad Yar Khan v. Deputy Commissioner-cum-Political. Agent, Loralai 1980 SCMR 456 ref. (b) Sindh Permanent Resident Certificates Rules, 1971--- ----Rr. 4 & 6---"Domicile" and "Permanent residence"---Distinction--­Domicile is a question of legal status, a person may well-qualify to be domiciled at two different countries if he so qualifies under the appropriate rules---Permanent residence is a pure question of fact and a person cannot be assumed to be a permanent resident of two different areas. Shaikh Muhammad Rashid v. Zamigar Qaiser Shaikh PLD 1980 Lah. 61; Mehrunnisa Baloch v. Appellate Committee, Karachi PLD 1978 Kar. 214 ref. (c) Sindh Permanent Resident Certificates Rules, 1971-- ----Rr. 4 & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Educational institution---Admission in medical college--­Candidates obtained resident certificates to be able to apply for admission in two Provinces (Punjab and Sindli)---Selection Board on receiving such information found the candidate disqualified and ineligible for admission--­Validity---In view of limited seats available in medical college set up by the Government admission was highly competitive and to ensure that citizens from all areas had reasonable chance, the concerned Authorities had prescribed rules and policies stipulating that resident of one area should only apply from one selection centre, even if the candidate preferred to avail-a seat in another college on reciprocal basis itself---Even if the candidates were permanent residents of Karachi, mere fact that they chose to declare themselves otherwise for securing admission in Punjab was sufficient to disentitle them to claim relief under the equitable jurisdiction conferred upon the High Court by Art. 199 of the Constitution. Khalid Shaikh v.…
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