Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Educational institution---Admission in Medical College---Writ of mandamus, petition for---Petitioners and respondents contested for their nomination in M.B.,B.S. class against the seats reserved for the quota of Muzaffarabad District---Respondents were nominated by Nomination Board but the petitioners who admittedly belonged to District Muzaffarabad and were holding domicile of that District were not so nominated---One respondent was member of refugee family who migrated in the year 1947 from Indian held Kashmir and permanently settled in Pakistan---Other respondent was also member of a family who migrated from Indian held Kashmir and settled in Azad Jammu and Kashmir---According to notification issued by Azad Jammu and Kashmir Government dated 24-8-1972 any person who migrated from occupied Kashmir to Azad Kashmir would be deemed to be the domicile and resident of the District or the unit in which he initially settled after migration from occupied Kashmir---Similarly, those who migrated from Indian held Kashmir and settled in any part of Pakistan, would be deemed and accepted as refugees settled in Pakistan, though they may shift to Azad Jammu and Kashmir for service or business, but their fact of shifting to Azad Jammu and Kashmir in said connection, would not allow them to claim themselves as domicile or permanent resident of the place where they shifted for business or service---Domicile of father would prevail while deciding the domicile of a child and not of mother--Father of one respondent had become permanent resident and domicile of a District in Pakistan after migration from Indian held Kashmir and her mother belonged to District Muzaffarabad Azad Kashmir, the permanent residence and domicile of her father would prevail---Said respondent thus, would be deemed permanent resident and domicile of Pakistan, she was included in the category of refugee settled in Pakistan and could claim her nomination for her M.B.,B.S. course against the seats reserved for refugees settled in Pakistan and not for, Muzaffarabad District---Similarly another respondent whose family, after…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492