1982 PLP 2658 (CLC)

‑‑ Admission to Medical Colleges‑Permanent Residence Certifi cate‑Petitioner, permanent resident of District T applying for ad mission to first year M. B., B. S. Class for 1981‑82 Session of a Medical College‑Medical College authorities not considering petitioner's application for want of Permanent Residence Certificate ‑ Petitioner, applying for such certificate in August, 1981, but certificate not issued in spite of reminder till 13th March, 1982 (last date of interview by Medical College authorities) and finally his application rejected by District Magistrate‑Permanent Residence Certificate dated 8th April, 1982 however issued to petitioner pursuant to Commissioner's order on appeal‑Still nine seats lying vacant for 1981‑82 Session for boys from District Tand no student to be displaced on account of petitioner's admission‑Held, no fault .or default on petitioner's part for late grant of Permanent Residence Certificate and for such delay he cannot be penalised. Raja Qureshi for Petitioner. Muhammad Ibrahim Memon, Add]. A.‑G, for the State. Date of hearing : 25th May, 1982. NASIR ASLAM ZAHID, 1.‑The petitioner, who is a permanent resident of Thatta district passed the Intermediate Science (Pre‑Medical) Examination held in 1981, obtaining 590 marks. The petitioner had also undergone N. C. C. training for which he was given 20 marks. According to the rules his total adjusted marks came to 59%. In the merit list of candidates from Thatta district for admission to the first year M. B., B. S. class for the 1981‑82 session, the name of the Petitioner appeared at serial No. 14, whereas for Thatta students 43 seats were reserved for boys. The petitioner had applied on the prescribed form to the District Magistrate, Thatta (respondent No. 3) for issuance of a Permanent Residence Certificate under the Permanent Residence Certificate Rules, 1971, connection with his admission to the Medical College. This application was made in August, 1981. As no action was taken by respondent No. 31 on this application for nearly six months, the father of the petitioner addressed a letter dated 28th February, 1982 to respondent No. 1 stating that all relevant papers bad been submitted and the Permanent Residence Certificate be issued expeditiously as the last date of interview b the medical college authorities was 13th May, 1982. By his order dated 6th May, 1982 respondent No. 3 ejected the application of the petitioner for grant of Permanent Residence Certificate and in the circumstances the petitioner filed an appeal before the Commissioner, Hyderabad Division against the said order of respondent No.

3. The Commissioner, Hyderabad Division issued a certificate dated 16th March, 1982 to the effect that the petitioner had filed an appeal under the Rules of 1971 and that the said appeal was pending before him and the counsel for the petitioner had requested that the college authorities may consider provisionally admission pending final disposal of the appeal and that such request on behalf of the Petitioner was being conveyed to the Principal, Liaquat Medical College for such action as the rules may permit. Finally by order dated 5th April, 1982 the appeal of the petitioner was allowed and a Permanent Residence Certificate dated 8th April, 1982 was issued to the Petitioner pursuant to the order of the Commissioner, Hyderabad Division granting the Petitioner's appeal.

2. We have heard Mr. Raja Qureshi, Advocate for the petitioner and Mr. Muhammad Ibrahim Memon, the learned Additional Advocate‑ General on behalf of the respondents. It is contended by the learned counsel for the Petitioner that petitioner's application for admission to the Medical College was not considered and he was not granted admission as on the relevant date, the petitioner was not in possession of the Permanent Residence Certificate which action on part of the College authorities was not in accordance with law as the delay that had taken place in the grant of Permanent Residence Certificate to the petitioner was not on account of any fault or default on the part of the petitioner. It was submitted that respondent No. 3 took nearly seven months to decide the application of the Petitioner for grant of Permanent Residence Certi ficate for which the petitioner cannot be penalised. It is further contended that in view of the certificate dated 16th March, 1982 of the Commissioner, the College authorities should have considered the question of admission of the petitioner on merits. As observed earlier, for the 1981‑82 session, 43 seats were reserved for boys from Thatta district in Liaquat Medical College Jamshoro, and the petitioner's stand that he was number 14 on the merit list has not been denied. The further assertion on behalf of the petitioner that for the 1981‑82 session only 34 boys have so far been selected and other 9 seats are still lying vacant as other candidates from Thatta district are not available for filling up the vacancies, has also not been denied.

3. In our view there is no fault or default on the part of the petitioner in the late grant of Permanent Residence Certificate to him. He had applied more than 6 months prior to the date of interview. Responsibility for the delay is on the authorities in not disposing of his application within reasonable time. For this delay on the part of the authorities, the petitioner cannot be penalised. 1t may be mentioned that the Petitioner is number 14 on the merit list and still 9 seats are lying vacant for the 1981‑82 Session for the first year M. B. B. S. class of Liaquat Medical College, Jamshoro, for the boys from Thatta district and no student would be displaced on account of admission of the Petitioner. In our view the petitioner has made a case for grant of relief to him.

4. As a result, this petition is allowed and respondent No. 1 is directed to grant admission to the Petitioner in the first year M. B., B. S. class for the 1981‑82 session in Liaquat Medical College, Jamshoro against one of the reserved seats for the candidates from Thatta district. There will be no orders as to costs. K M. A Petition allowed.