| Citation(s) |
|---|
| 1997 SLG 481 1997 SLD 481 1997 PLD 594 |
Lahore High Court
Writ Petition No. 878 of 1996, heard on 30th January, 1996
MUHAMMAD AQIL MIRZA, J
Nusrat Javed Bajwa for Petitioner. Sajjad Hussain Naqvi for
Respondents
Writ Petition No. 878 of 1996, heard on 30th January, 1996
MUHAMMAD AQIL MIRZA, J
Nusrat Javed Bajwa for Petitioner. Sajjad Hussain Naqvi for
Respondents
UMAR ASIF JANJUA
VS
UNIVERSITY OF ENGINEERING AND TECHNOLOGY through Vice Chancellor University of Engineering and Technology, Lahore and another
Law:
Section:
(al Prospectus of the University of Engineering and Technology, Lahore- ---- Paras. 42.1; 43.2 & 43.3(b)---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Admission in 1st year Class of B.Sc. Engineering--Applicant was within ambit of selection on basis of marks obtained by him in F.Sc. but his name was not included in merit list on the ground that he did not produce domicile certificate of his father to show that he was domicile of Punjab---Validity---In order to determine bona fides of domicile of applicant his domicile certificate was required---Normally when parents were living together, domicile of child would be the same as that of his father---Where, however, on account of separation between spouses, child was living with mother then his domicile would be that of his mother and it could not be that of Ms father, for the simple reason that he was not residing with his father---Requirement of production of copies of domicile certificate and National Identity Card of father of applicant as mentioned in 8.43.3 of the Prospectus would govern those cases 'where applicant was actually living with and under care of father---Where, however, applicant was not actually living with and under the care of father, then copies of certificates of domicile and National Identity Card of father would not at all be relevant and instead copies of domicile certificate of mother would be relevant for determination of residence of applicant---Action of Authorities to refuse admission to applicant who otherwise fell within ambit of selection, was declared to be without lawful authority and of no legal effect---Petitioner was entitled to get admission despite non-production of domicile certificate of his father, on basis of domicile certificate of his mother.--[Educational institution]. (b) Prospectus of-the University of Engineering and Technology, Lahore--- ----Para. 43.3(b)---Constitution of Pakistan (1973), Art.263---General Clauses Act (X of 1897), Ss. 12 & 13---West Pakistan General Clauses Act (VI of 1956), S.12---Gender---Word "father" occurring in para. 43.3 (b) of Prospectus of the University of Engineering and Technology---Meaning, scope…
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