| Case ID |
218325ad-0539-4969-b74e-d5882bec4ffc |
| Body |
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| Case Number |
Writ Petition No.812 of 2008 |
| Decision Date |
Mar 06, 2009 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the petitioners, declaring that the respondents were incorrectly nominated for admission to the M.B.B.S. course against seats reserved for the Muzaffarabad District. The court found that the respondents were not permanent residents or domicile holders of Muzaffarabad District. The respondents' nominations were the result of fraud and misrepresentation, and thus their admission was deemed illegitimate. The court directed the Nomination Board to withdraw the respondents' nominations and nominate deserving candidates from Muzaffarabad District based on merit. |
| Summary |
The case revolves around a writ petition challenging the nominations of certain candidates for admission to medical colleges in Pakistan against seats reserved for the Muzaffarabad District. The petitioners contended that the nominated candidates were not genuine residents of the district and had obtained domicile certificates through fraudulent means. The court emphasized the importance of domicile in determining eligibility for educational quotas and highlighted that the domicile of the father prevails over that of the mother. The decision reinforces the principle of strict adherence to domicile criteria in educational admissions, particularly in the context of refugees from Indian-held Kashmir. The ruling underscores the necessity of transparency and integrity in the issuance of domicile certificates and the nomination process for educational institutions, ensuring that only genuine residents benefit from local quotas. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD NAWAZ KHAN, CJ
|
| Lawyers |
Ch. M. Ibrahim Zia for Petitioner,
M. Idrees Mughal for Respondent No.3,
Farooq Hussain Kashmiri for Respondent No.5
|
| Petitioners |
4 others,
SAMARA MOIN
|
| Respondents |
7 others,
DISTRICT MAGISTRATE (D.C./COLLECTOR), DISTRICT MUZAFFARABAD
|
| Citations |
2009 SLD 578,
2009 CLC 1045,
2010 PLJ 6
|
| Other Citations |
1999 MLD 261,
PLD 1997 SC (AJ&K) 1,
PLD 1985 SC (AJ&K) 1
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|