Case Details

Citation(s)
2009 SLG 616 2009 SLD 616 2009 CLC 1217
Quetta High Court
Constitutional Petition No.91 of 2009, decision dated: 30-04-2009
AMANULLAH KHAN YASINZAI, C.J. AND MEHTA KAILASH NATH KOHLI, J

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MUHAMMAD ASIF and anothers

VS

Law: Constitution of Pakistan, 1973

Section: 199,15

Law: Constitution of Pakistan, 1973

Section: 199,15

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Educational institution---Admission---Dual Local Certificate---Petitioners applied for admission in M.B.,B.S. on the basis of Local Certificates issued to them by Executive District Officer Revenue (E.D.O. Rev.) "K" against the reserved seats of the District---Respondents being candidates of the admission from the same District raised objection against the candidature of petitioners that petitioners did not belong to the said District "K" rather belonged to another District "M"---Objections were filed before Selection Committee for admission---Selection Committee referred the case to E.D.O.(Rev.) with direction to hold an enquiry which found that grandfather and father of petitioners had ,obtained Local Certificates on the basis of false affidavits, therefore, they did not belong to the said District "K"---Selection Committee rejected the candidature of petitioners---Contention of the respondents was that grandfather and father of petitioners obtained dual Local Certificates from the Districts "M" and "K" therefore, in. view of para.32 of the prospectus of the Medical College petitioners were not eligible to apply for admission against the reserved seat of said District "K"---Record revealed that Local Certificates obtained by the grandfather and father of petitioners in the year. 1988 were surrendered before the E.D.O. (Rev.) District "M" in the year 2007 for cancellation which were cancelled---Once they submitted original Local Certificates for cancellation, they were no more in possession of such Local Certificates---Nothing was available on record to suggest that petitioners had ever benefited from such Local Certificates---Petitioners had applied independently for the first time for obtaining Local Certificates from District "K", which had not been objected to and the same were intact---Rejection of candidates by Selection Committee was without lawful authority, High Court accepted the constitutional petition and set aside the order passed by Selection Committee with direction to admit the petitioners against reserved seats on merits. Miss Sumia v. Selection Committee, Bolan…
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