1993 PLP 1274 (CLC)

17. Domicile and PRC. 17.1: (a) The candidates for admission on merit under categories 10.2.1(a), 10.2.(b), 10.23(b) (i), 10.2.3(b) (ii), 10.2.9, 10.2.10 and 10.2.1 must be domiciled of Karachi Division (Province of Sindh) and Permanent Residents of Karachi Division. They must also have passed their S.S.C., H.S.C, and or any other qualifying examinations from the educational institution situated in Karachi Division only. Candidates for admission under the above categories must submit with their application forms certified photostat copies of domicile of Karachi Division. (Province of Sindh) and permanent Residence Certificate of Karachi Division. However, those candidates who have passed their S.S.C., H.S.C and or any other qualifying examinations from the institutions located outside the Karachi Division must be required to produce the respective additional documents as detailed below: (b) Children of Government servants: If the father of the applicant is a Government servant who belongs to Karachi Division but is serving in any other part of Pakistan, then the father should produce a Certificate from the Head of his Department affirming that he is a Domicile of Karachi Division (Province of Sindh). It shall be necessary in such cases that the period of the applicant's study corresponds with the period of posting of the father in the Area. (c) Others: Applicants other than those at (a) and (b) above will have to submit following additional document in support of their Domicile Certificates. (i) An attested photocopy of father's Domicile Certificate of Karachi Division (Province of Sindh). (ii) Documentary proof from the Election Officer of concerned Area of Karachi Division to the effect that the name of the applicant's father appears in the electoral roll. (iii) An attested photocopy of the relevant page of the electoral rolls on which the name of the applicant's father appears. (iv) An attested photocopy of the National Identity Card of the Applicant's father. (d) Applicant whose father is not alive; In case applicant's father is not alive and the document mentioned at (b) and (c) above" cannot be produced the applicant should submit. (i) Documentary evidence o1~ his father's immovable property in the Province of Sindh (Karachi Division); (ii) Documentary proof of his father's death. 6‑A As is evident from clause No.17.Z, paragraph (a) the said paragraph enjoins upon the petitioner to produce additional documents enumerated in paragraph (b), (c) or (d) of the said clause as the case may be, as the petitioner has not passed his S.S.C. and H.S.C. examinations from the institutions located in Karachi. Paragraph (b) was not applicable to him, since the same was applicable to children of Government servants which admittedly the petitioner is not. Paragraph (d) was also not applicable to the petitioner, as it was not his case that his father was not alive. Consequently, the petitioner was clearly governed by paragraph (c) of the said clause which required him to submit additional documents enumerated therein along his admission form. Admittedly such documents were not supplied by the petitioner to respondent No.l. Mr. Raja Qureshi, has argued that the petitioner could not confirm to the requirements of the said paragraph, since the whereabouts of his father were not known to him or his family and since the petitioner was being looked after by his brother he had supplied the particulars of his brother and therefore, sufficient compliance had been made by the petitioner with the requirements of the said clause under the circumstances of the case. Mr. Rehanul Hasan Farooqui, learned counsel for the respondent No.l has, on the other hand, argued that clause No.17 in the said Prospectus fails to make any reference to a guardian and consequently, the documents supplied by the petitioner alongwith his admission form in no way could fulfil the requirements of the said clause.

7. A perusal of the entire clause No.17 indicates that it contemplates two kinds of situations, viz, (1) where the candidate's father is alive and (2) where his father is not alive. In case where the candidate's father is alive, he would be required to provide documents enumerated in paragraph (b) or (c), as the case may be. However, where the candidate's father is not alive he would be required to submit only such documents which are enumerated in paragraph (d). No doubt, clause No.17 fails to contemplate a situation where the candidate may be supported by a guardian notwithstanding the fact that his father may be alive but in our opinion the same was not necessary because in that case the petitioner would be required to furnish particulars in accordance with paragraph (c), notwithstanding the fact that he is being supported by a guardian instead of his father. Since, in the present case, it is not the case of the petitioner that his father is not alive, his case would be governed by paragraph (c) of the said regulation. The learned counsel for the petitioner has argued that the whereabouts of the petitioner's father are not known to the petitioner or his family. But the contention is not supported by the averments made by the petitioner in his memorandum of petition. Since existence of such peculiar circumstances was neither shown by the petitioner to respondent No.l, nor such a plea has been specifically taken by him in this petition, the petitioner in our opinion, is not entitled to any relief as claimed by him. No doubt, in another case recently decided by us, relief was granted to the petitioner there, although he had supplied the particulars of his brother/guardian in pursuance of the requirements of paragraph (c) but in that case a plea was specifically taken before respondent No.l as well as this Court that the whereabouts of his father were not known to him. Such is not the case in the present case, as pointed out earlier, since, admittedly the petitioner did not submit the documents required by paragraph (c) of clause No.17, his admission form under the circumstances was rightly rejected by respondent No.l. 8.For the aforesaid reasons, finding no force in the petition, we dismissed the same by the short order. H.B.T./M‑1621/K Petition dismissed.