' ALI MUHAMMAD V. AKHUND, J.-Petitioner, Farooq Ali Khan, aged about 19 years was born in Sukkur
(Sind) on 15th March, 1960. His father Dr. Ghulam Rasool has been serving in the Sind Health Department from 24th October, 1947. Petitioner did his matriculation from Board of Secondary Education Karachi in Second Division in May 1975, and Intermediate Science Examination in the First Division from the Intermediate Board, Karachi in 1978. He got his certificate of Domicile from Karachi on 20th December, 1978, and Permanent Residence Certificate from Karachi on 6th February, 1979.
2. Petitioner applied for admission in Medical College Karachi as against one of the seats of "Children of Doctors". His father Dr. Ghulam Rasool has domicile certificate of Karachi dated 16th July, 1975. He is registered with the Pakistan Medical Council since 19th July, 1976. His registered number is 18049. He has served in the Sind Health Department since 24th October, 1947 for more than 10 years. On the basis of all these qualifications, petitioner got admission in one of the Doctors'
Children seats in the Sind Medical College in the M.B., B.S. Class in the 1978-79 Session.
3. Somehow, the petitioner had as well got certificate of domicile from Rawalpindi on 17th January, 1979. This came to the notice of Provincial Inspection Team. The Show-Cause Notices dated 19th July, 1979 and 28th August, 1979 were issued to the petitioner, that he had double domicile of two provinces-Sind and the Punjab, and he had made an incorrect reply to question No, 13 in the Form of Application for Permanent Residence Certificate. After considering written replies and personal hearing, the Principal of the Sind Medical College, Karachi, cancelled the admission of the petitioner by order dated 18th October, 1979, on the ground that petitioner had obtained Permanent Residence Certificate of Karachi by giving incorrect reply in the P. R. C. Application Form.
4. Petitioner has filed this constitutional petition that the order referred to in the proceeding paragraph is without lawful authority.
5. The Application Form for admission in Medical Colleges in Sind for Academic Session 1978-79, reads that the petitioner had applied for admission in one of the Doctors' Children seats, and he was admitted against one such seat. Page 3 of the prospectus reads that there are 25 reserved seats for Children of Doctors. Rule 28 of the Rules of Admission in the Prospectus which reads as follows, provides for the qualification for admission against the reserved seats of Doctors' Children :- ' Rule 28.-The selection of doctors' children for admission in Medical Colleges against the 25 reserved seats be made as under. (Provided the doctors, whose children claim these seats are domiciles in Sind, and are registered with the Pakistan Medical and Dental Council) :-
(i) Eight seats shall be filed on merits by the children of teachers of the Medical Colleges of Sind who are in continuous service for at least five years as regular/whole time teachers, or those, who have retired from: such service after at least ten (10) years of service. Preference shall, however be given to the children of teachers who died while in service.
(ii) Eight seats shall be filed on merit by the children of doctors who are in service of Government of Sind on regular/whole time basis and have served as such for at least 5 years or those who have retired from such service after at least ten (10) years service. Preference shall however, be given to the children of doctors who died while in service.
(iii) Nine seats shall be filled on merit by the children of Private Practitioners, and of other doctors not covered by (i) and (ii) above.
' The petitioner's case comes within clause (ii) above as he is son of Doctor in service of Government of Sind on regular whole time basis and has served as such for at least 5 years. Dr. Ghulam Rasool, father of the petitioner is domiciled in Sind, vide Annexure 'C'. He is registered with the Pakistan Medical Council, Islamabad, on 19th July, 1976 and his registered number is 18049. This certificate is found in the Form of Admission. A certificate issued by the Additional Secretary Health, Government of Sind, Karachi in respect of Dr. Ghulam Rasool reads :- "Certified that Dr. Ghulam Rasool Medical Officer, Sind Government Services Hospital Karachi, is serving in the Sind Health Department since 24-10-1947. He has served for about 15 years in the Rural Area of Sind."
' This is also filed with the Form of Application for Admission. This shows that Dr. Ghulam Rasool is in the service of Government of Sind on regular whole time basis and has served as such for at least 5 years. Petitioner being son of Dr. Ghulam Rasool who satisfied requirements of rule 28, ibid, is validly admitted in one of the reserved seats for Doctors' Children.
6. It is true that under rule 7 of the Rules of Admission in the Prospectus, 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 Medical College unless he furnishes a certificate of permanent residence in Sind from the District Magistrate of the area where he is permanently residing. But an exception is provided in sub-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. The seseats are reserved for "special interest", within the meaning of sub-rule (2) above. It follows that provision of sub-rule (1) requiring a Permanent Residence. Certificate will not apply in the case of admission for the reserved seats of "Doctors' Children". Doctors' children applying for the reserved seats do not require Permanent Resident Certificate. Petitioner is admitted against one of the seats of Doctors' children. He will not need Permanent Residence Certificate. Consequently,' if any wrong statement is made by the petitioner in the Form of Application for Permanent Residence Certificate, it will not disqualify him from admission.
7. In the result, petition is allowed the impugned order cancelling the admission of the petitioner 'is without lawful authority and is therefore quashed.