2010 PLP 955 (CLC)

MUHAMMAD IQBAL MAHAR, J.

By this petition the petitioner has challenged the show-cause notice bearing No.Quest/A & G/-24 dated 23-1-2008 issued by the office of the respondents Nos.1 and 2 on the basis of impugned order dated 17-1-2008 passed by respondent No.4 with further prayer that he be allowed to continue studying in Quaid-e-Awam University of Engineering and Science, Nawabshah. The fact giving rise to this petition are that the petitioner and his parents are resident of village Malhan Taluka Matti District Badin. He applied for issuance of Domicile and Permanent Resident Certificate of District Badin. The respondents Nos.3 and 4 after completion of the Codal formalities issued Domicile on 27-9-2007 and Permanent Resident Certificate on 8-9-2007 respectively. The petitioner applied for admission in Quaid-e-Awam University of Engineering Science and Technology Nawabshah against reserved seats of District Badin for academic sessions 2007-2008. He appeared in pre-entry test and was declared successful and his name appeared at serial No.2 of the list of candidates of District Badin for reserved seats while the respondent No.6 was placed at serial No.4, who was annoyed upon the petitioner. The petitioner deposited prescribed fees in connection with the academic year 2008 against his Roll No.08CE53 in Civil Engineering Department. The respondent No.6 made application before the E.D.O. challenging P.R.C. of the petitioner. The petitioner received Notice from respondent No.4 for his appearance in connection with application filed by respondent No.6 for cancellation of his permanent Resident Certificate which was subsequently cancelled on 17-1-2008 without hearing the petitioner in his absence. He filed appeal before respondent No.3 which is pending jurisdiction. On receipt of such order the University authority issued show-cause notice to the petitioner, therefore, the petitioner filed this constitutional petition. The learned counsel for the petitioner contended that the petitioner is resident of village Malhan Taluka Matli District Badin and in proof he has filed copies of Electoral List 1986-87 wherein name of his father appears at S. No.33, Sanad of Village Abad Scheme 1987, Domicile of his father, P.R.C. of his brother, his birth certificate, resident certificate which shows that he is resident of District Badin. The learned counsel further submitted that he E.D.O. is not competent authority to cancel P.R.C. and it is only the D.C.O. who is competent authority, therefore, he prayed that the impugned order may be set aside. The learned Advocate for respondent No.6 opposed the petition and contended that the petitioner and his family is residing at Qassimabad Hyderabad, and the petitioner has received the entire education in Hyderabad and his father was Government servant and posted at different places, therefore, prayed that petition may be dismissed. Mr. Allah Bachayo Soomro, Addl. A.G. Sindh submitted the E.D.O. is authorized to issue Permanent Resident Certificate but he cannot cancel the same and it is only the D.C.O. who has the authority to cancel Permanent Resident Certificate. We have heard the arguments of the learned counsel for the parties and have gone through the material placed on record. The perusal of record shows that sufficient material has been placed on record by the petitioner which shows that the petitioner is resident of village Malhan Taluka Matti District Badin and the P.R.C. and Domicile has been issued after completing with the Codal formalities. The E.D.O. present states that no fraud has been committed in issuance of the P.R.C. of the Petitioner. Under Rule 8(1) of the Sindh Permanent Residence Certificate Rules 1971, the E.D.O. in law has no authority to cancel it. The authority rests with D.C.O. whc has not cancelled the P.R.C. Mere filing of appeal by the petitioner does not confer jurisdiction on the D.C.O. The university was in error in issuing show-cause notice to the petitioner on the basis of the order of the E.D.O. (Revenue) cancelling P.R.C. of the petitioner. In such circumstances we allowed this constitutional petition for the aforesaid reasons, by our short order dated 28-4-2009. H.B.T./F-9/K Petition allowed.