1980 PLP 1286 (CLC)

ALI MUHAMMAD V. AKHUND, J.-Petitioner, Miss Naveed Yousuf, who is, at present, aged about 18 years, was born in Karachi on 9th February, 1961. Her father, Shaikh Muhammad Yousuf, migrated from Jaipur, India, to Karachi, in 1947 ; while her mother Dr. Mrs. Zubeda Yousuf migrated to Pakistan from Klturja, U. P. India. Dr. Zubeda did her M. B., B. S. from Fatima Jinnah Medical College, Lahore, in May 1956.

2. Petitioner had her primary and secondary education in Karachi. She passed Intermediate Science examination from the; hoard of Inter mediate, Education Karachi, through St. Joseph Government College for Women, Karachi, on 21st November, 1978, securing First Division. She applied for admission in the Dow Medical College, Karachi, against one of the seats for children of Doctors. because her mother, Mrs. Zubeda Yousuf, is a Registered Medical Practitioner. She got admission in 1978-79 session of the Dow Medical College "against Doctor's seat".

3. On 11th of August, 1976, petitioner load got certificate of domicile from Karachi, Sind. On the basis of this certificate, she got Permanent Residence Certificate dated 23rd June, 1979. However, Petitioner had also got certificate of domicile from Lahore on 6th November, 1976. This came to the notice of Provincial Inspection Team. On 12th July, 1979, the Principal of Dow Medical College, Karachi, issued a show-cause notice to the petitioner, why her admission be not cancelled, as she had double domicle from Sind and the Punjab Provinces in disregard of the admission Rules After considering reply to the show-cause notice, and, personal hearing of the petitioner, the Principal of the Dow Medical College, by an order dated the October, 1979, cancelled her admission with immediate effect on the ground of obtaining Permanent Residence Certificate of Karachi by giving incorrect replies in the P. R, C. application Form.

4. Petitioner has filed this Constitutional Petition for declaration that she had been legally admitted to the M. B., B.S. class for academic session 1978-79 on the basis of domicile of her mother under rule 28 of the prospectus.

5. Admittedly there are 25 seats reserved for "children of Doctors", vide page 3 of the Prospectus. It is not denied that Petitioner is admitted against one of the seats of the a childern of Doctors". Dr. Mrs. Zubeda Yousuf, mother of the petitioner, is an M.R., B.S. from Lahore. She registered with Pakistan Medical and Dental Council. Her registration number is 4418. Dr. Mrs. Zubeda has got domicile of Karachi, annexure `H'. Since Dr. Mrs. Zobeda Yousuf mother of the petitioner is domiciled in Sind, and, is registered with Pakistan Medical and Dental Council; her daughter the petitioner is entitled to claim one of the reserved seats for children of Doctors as provided by Rule 28 of the Prospectus, which reads as follows :- Rule 28.-The selection of Doctors' children for admission in Medi cal Colleges against the 25 reserved seats be made as under. (Pro vided the doctors, whose children claim these seats' are domiciled in Sind, and are registered with the Pakistan Medical and Dental Council).- ... ... ... ... ... ... ... ... ... (ii) ... ... ... ... ... ... ... ... ... (iii) Nine seats, shall be filled on merits by the children of Private Practitioners, and of the other doctors not covered by (i) and (ii) above. It follows, therefore; that admission of the petitioner in the 1978-79 session of 1d.B., B.S. classes is in accordance with the Rules of Admission in the Prospectus, and, is not illegal and or without lawful authority.

6. It is true that under rule 7 of the rules of Admission in the Pros pectus, every application for admission is to be accompanied by, inter alia, Permanent Residence Certificate under sub-rule (1) of rule 2 of the Sind Permanent Residence Certificate Rules, 1971, no person shall be admitted to a Medial College unless he furnishes a certificate of permanent resi dence in Sind from the District Magistrate of the area where he is permanently residing. But an exception is provided is sub-rule (2) of rule 2, which reads :- "Nothing in this rule shall apply-. (a) to admission in educational institution against seats which have been reserved by Government for special interest ... ... ... " Twenty-five seats for "children of doctors" have been reserved in the Medical Colleges. These seats are reserved for "special interest" within the meaning of sub-rule (2) above. It follows that provisions of sub-rule (1) requiring Permanent Residence Certificate will not apply in case of admission for reserved seats of Doctors' children. Doctors' children B applying for the reserved seats do not require Permanent Residence Certi ficate. Petitioner is admitted against Doctors' children's seat. He will not need Permanent Residence Certificate. Consequently, if any wrong statement is made by the petitioner in the form of Application for Perma nent Residence Certificate, it will not disqualify her from admission.

7. Petitioner is still a minor from whom she derives domicile of origin (vide rule 7 of ' Provisions for Determination of Domicile contained in Government of Sind Resolution No. 99-M/43 dated Ist July, 1946). Domicile of origin of every person of legitimate birth is in the country which at the time of his birth his father was domiciled. (vide rule 3 of the Rules (ibid). Sheikh Muhammad Yousuf father of the petitioner, in his affidavit, stated that in 1947 he migrated from Jaipur State, India, to Karachi, where he has since then permanently settled down, that Karachi is his place of domicile and permanent residence) and that his daughter the petitioner, was born to him in Karachi. It follows that petitioner's domicile is that of Karachi. Under rule 9 of the Rules (ibid), petitioner being minor, cannot during minority acquire a no domicile. The certificate of domicile acquired by the petitioner on 6th November, 1976 from Lahore, is invalid. 8. 1n the result, petition is allowed. Petitioner is legally and correctly admitted in the M. B., B.S. Class for academic session 1978-79 of the Dow Medical College on the basis of domicile of her mother under rule 28 of the Prospectus. It is further declared that cancellation of admission of the petitioner is without lawful authority and accordingly quashed. Petition allowed.