2009 PLP 924 (YLR)
Mst. ZAINAB BUZDAR — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Health and 5 others — Respondents
| Citation | 2009 PLP 924 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Khalid Alvi and Saifur Rehman, JJ |
| Parties | Mst. ZAINAB BUZDAR — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Health and 5 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 924 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 924 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Khalid Alvi and Saifur Rehman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 924 (YLR) (Mst. ZAINAB BUZDAR — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Health and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Zafar Ahmad Lund for Petitioner.
- Malik Muhammad Tariq Rajwana for Respondent No.5.
- Muhammad Sarwar Awan for Respondent No.6.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner seeking admission in Medical College on a reserved seat for the Tribal areas, had alleged that respondent had procured admission in Medical College on basis of a forged domicile certificate of the said area
Respondent on merit was at a higher pedestal than the petitioner
Question of admission of the petitioner could only arise when the first question i.e. genuineness of the domicile of respondent was resolved
Petitioner's case was that said domicile certificate was based on forged report and record while according to the report of Issuing Authority, domicile certificate of respondent was correctly issued
Question as to whether respondent was or was not a genuine domicile of the tribal areas, was a pure question of fact which could not be resolved by High Court in its constitutional jurisdiction
Petitioner, if so advised could approach the appropriate forum-Question of admission would only arise after the issue of domicile was resolved
Constitutional petition was dismissed in circumstances. Mian Abbas Ahmed, Add. A.-G. along with Abdul Majeed, L.C.
Judgment & Decree
Through this constitutional petition, petitioner seeks admission in one of the Punjab Medical Colleges on a reserved seat for the tribal areas of Dera Ghazi Khan. According to the petitioner respondent No.5 procured admission in the medical college on the basis of a forged domicile certificate of the said area. Admittedly respondent No.5 on merit was at a higher pedestal than the petitioner. Question of admission of petitioner could only arise when the first question i.e. genuineness of the domicile of respondent No.5 is resolved. Petitioner's case is that the said domicile certificate is based on forged report and record while according to the report of respondent No.4/Issing Authority domicile certificate of respondent No.5 was correctly issued. Likewise respondent No.5 also claims to be a genuine resident/domicile of the tribal areas of District Dera Ghazi Khan. The question as to whether respondent No.5 is or is not a genuine domicile of the tribal areas is a pure question of fact which cannot be resolved by this court in constitutional jurisdiction. Petitioner, if so advised, may approach the appropriate forum. As observed above, the question of admission would only arise after the issue of domicile is resolved. Disposed of. H.B.T. /Z-5/L Petition dismissed.