1996 PLP 405 (MLD)

G. H. MALIK, J.‑‑‑The facts of the case are that on 1st March, 1992, the petitioner applied for admission in M.B.,B.S. Course for 1991‑92 Sessions, and alongwith the application submitted all the documents except the Permanent Residence Certificate which had by then not been issued to her. In lieu of the Permanent Residence Certificate, the petitioner had submitted with the application the receipt issued by the District Magistrate, Badin, for the application for P.R.C. which had been made by the petitioner. Subsequently, Permanent Residence Certificate was issued to the petitioner, and, admittedly, she submitted it to the respondent No.2 on 10th June, 1992. It is also an admitted position that the final merit list was published on 22nd June, 1992 i.e. after the petitioner had submitted her P.R.C. to the respondent No.

2. Mr. Baloch, learned counsel for the petitioner, submits that the fact that the Permanent Residence Certificate was not annexed to the application was not the fault of the petitioner because such certificate had not been issued by the District Magistrate, Badin, in spite of the fact that an application in that behalf had been made by the petitioner. He submits that in these circumstances, the petitioner, having submitted the Permanent Residence Certificate before the final merit list was displayed, was entitled to admission. He relies on the case of Habibur Rehman v. Government of Pakistan 1979 SCMR 121, the facts of which are similar to the facts of the present case. Mr. Hani, on the other hand, submits that in terms of the relevant rules if a candidate failed to submit the Permanent Residence Certificate on or before the last date appointed for that purpose by the respondent No.2, such candidate would not be entitled to admission in that year but could apply for admission in the following year. According to him, the date appointed for the purpose of submission of the P.R.C. was 25th March, 1992, as stipulated in the press release dated 15‑2‑1992. It is true that the petitioner did not submit the P.R.C. by the 25th March, 1992, but that cannot debar her from being entitled to admission to Medical College because her failure to do so was not for any fault on her part but only because the District Magistrate, Badin, had failed to issue the P.R.C. In any event, we are disposed to think that the object of the requiring a candidate to file the P.R.C. with the application for admission is only to ensure that the candidate is, before the admissions are closed, shown to be permanent resident of the relevant district. That object was fulfilled by the petitioner submitting her permanent residence certificate before the final merit list was displayed by the respondent. For that reason and following the rule laid down in the case of Habibur Rehman, cited above, we consider that the petitioner is entitled to relief. The petition is, therefore, hereby granted. A.A./Z‑244/K Petition accepted.