Case Details

Citation(s)
2001 SLG 1711 2001 SLD 1711 2001 SCMR 121
Supreme Court of Pakistan
Civil Petitions Nos. 465-K, 470-K, 479-K and 529-K of 1999, decision dated: 1st August, 2000
RANA BHAGWAN DAS, SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ

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MUHAMMAD SHERAZ WARIS and 3 others

VS

GOVERNMENT OF SINDH through Secretary Health, Karachi and others

Law: Sindh Permanent Residence Certificate Rules 1971

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Sindh Permanent Residence Certificates Rules, 1971--- ----R. 5---Permanent Residence Certificate for admission in educational institutions--- Permanent Residence Certificate and domicile ---Distinction--­Domicile of a person is his legal status, one may qualify to be domiciled of two different countries under the relevant rules---Permanent residence is a question of fact and a person cannot be assumed to be a permanent resident of two different areas. (b) Prospectus of Dow Medical College Karachi for Year 1998-99--- ----R. 7 (h)---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Constitutional petition---Conduct of petitioner---Effect---Admission in Medical College--- Application for admission by the candidate in two Medical Colleges in two different provinces during the same session---Candidate having used Domicile/Permanent Residence Certificate of more than one district for his admission in two different medical colleges was disqualified and ineligible for the admission---Such candidate not found to be entitled to the discretionary and equitable relief of the High Court which dismissed his Constitutional petition on the basis of suppressing the material facts while submitting his admission form---Validity---Fact of applying in two medical colleges during the same session warranted disqualification for admission of the candidate under the rules and was disqualified and was found ineligible for admission in the Medical College under the provisions of R. 7(h) of Prospectus of Dow Medical College, Karachi for year 1998-99---Candidate had, not approached the Court for discretionary and equitable relief with clean hands---Where the petitioner furnished untrue information to the Authorities and also suppressed material facts while submitting the papers, such conduct of the petitioner could not be termed to be above board, and same disentitled him to the discretionary and equitable relief under the Constitutional jurisdiction of High Court---Leave to appeal was refused by the Supreme Court. Manzoor Hussain v. Zulfiqar Ali 1983 SCMR 137; Muhammad Aman and Atta Muhammad 1982 SCMR 270; Raza Khan v. Vice-Chancellor, N.-W.F.P. University of Engineering and…
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