| Case ID |
0f6c5cf9-9fc8-4526-8ec0-2c3aeaa1208c |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 1069-P of 2021 |
| Decision Date |
Sep 23, 2021 |
| Hearing Date |
|
| Decision |
The Peshawar High Court allowed the petition for the admission of the petitioner, Fahad Ullah Gul, to the medical college for the upcoming session of 2021-2022. The court found that the respondents had valid domiciles of the merged districts and thus were entitled to their admissions against the reserved seats for candidates from erstwhile FATA. The court also ruled that the dual domicile status of one of the respondents, Ameen-ud-Din, rendered his admission illegal, and directed his admission to be canceled. The decision emphasized that having dual domiciles is illegal and that the respondents had concealed facts regarding their nativity. The court underscored the principle that a person can only possess one domicile at a time, which is crucial for determining eligibility in medical admissions. |
| Summary |
This case addresses the eligibility of candidates for MBBS/BDS admissions against reserved seats for students from erstwhile FATA in Khyber Pakhtunkhwa. The petitioners contested the admissions of certain respondents on the grounds of their domicile status. The court evaluated the constitutional provisions regarding domicile and admissions, highlighting the significance of possessing a valid domicile of the merged districts. The ruling reinforced the legal principle that a candidate must not hold dual domiciles simultaneously, which can lead to the annulment of their admission. The case reflects the broader implications of domicile laws in educational admissions, specifically in the context of medical education in Pakistan. It serves as a critical reference for future cases involving domicile disputes and medical admissions, especially given the unique circumstances surrounding the merged areas of FATA. This ruling is particularly relevant for students seeking clarity on admission policies and the legal definitions of domicile. Keywords: MBBS admissions, domicile, legal eligibility, educational law, medical college, Khyber Pakhtunkhwa, FATA, reserved seats. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL, JAN KHATTAK,
ABDUL SHAKOOR
|
| Lawyers |
Mr. Muhammad Farooq Malik,
M/s. Omer Farooq,
M. Toufeeq Qureshi,
DAG,
M/s. Qazi Muhammad Anwar,
Abdul Munim,
Naveed Akhtar,
Sangeen Khan,
Qaiser Hussain,
Jahenzeb Mahsud,
Noor Muhammad Khattak
|
| Petitioners |
FAHAD ULLAH GUL
|
| Respondents |
10 others,
Vice Chancellor through Registrar Khyber Medical University Peshawar KPK
|
| Citations |
2022 SLD 1668,
2022 PLJ 18
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|