| Case ID |
0f93f5f3-a44f-47cb-9237-10561fae81c8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.71-Q of 1995 |
| Decision Date |
Jul 18, 1995 |
| Hearing Date |
Jul 18, 1995 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the High Court was correct in declining to strike down the cancellation of the domicile certificate of the petitioner when another candidate with lesser marks was granted admission. The court highlighted that the petitioner had been in possession of the domicile certificate and was in service elsewhere due to exigencies, which should not affect the domicile status. Provisional admission for the petitioner in the first year of M.B.B.S. was granted at his own risk and costs, indicating an interim relief while the case was under consideration. |
| Summary |
In the case of a petition for special leave to appeal, the Supreme Court of Pakistan examined the circumstances surrounding the admission of a candidate to a medical college based on domicile rights. The petitioner, who had served in the Loralai District and possessed a valid domicile certificate, was denied admission despite having higher marks than another candidate. The Supreme Court's decision focused on the legal implications of domicile and the validity of the High Court's previous ruling. The court emphasized the importance of maintaining the integrity of domicile certificates and the rights of individuals who have established residency through service and family ties. This case highlights significant issues regarding educational admissions and the legal standards governing domicile verification, making it a critical reference for future cases involving similar circumstances. The ruling underscores the need for fair consideration in admissions processes and the protection of an individual's domicile rights, which are essential for equitable access to educational opportunities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZAL ILLAHI KHAN,
MUHAMMAD BASHIR KHAN JEHANGIRI
|
| Lawyers |
Muhammad Aslam Chishti, Senior Advocate Supreme Court,
S.A.M. Quadri, Advocate-on-Record
|
| Petitioners |
MUHAMMAD REHMAN,
petitioner No.2
|
| Respondents |
DISTRICT MAGISTRATE, LORALAI
|
| Citations |
1997 SLD 632,
1997 SCMR 558
|
| Other Citations |
1991 SCMR 2099,
1993 SCMR 2083
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|