1. JUDGMENT.
2. Amanullah Khan Yasinzai, C.J.--This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is directed against the order dated 18.9.08, passed by Respondent No, 1 (Selection Committee), whereby, applications submitted by petitioner for admission in 1st Class of MBBS, Bolan Medical College, Quetta, have been rejected.
3. Facts in the background are; that, petitioners claiming to be locals of District Kalat on the basis of Local Certificates dated 01.04.08, issued in their favour by the Executive District Officer, Revalue, Kalat applied for admission in 1st Year Class of MBBS, Bolan Medical College, Quetta, against the reserved seats of District Kalat. The private Respondents 4 to 6 who also applied from the same District, raised objection against the candidature of petitioners, that they do not belong to District Kalat and infact they belong to District Mastung. The objections were filed before the Respondent No, 1, wherein it was averred that the grandfather and father of petitioners obtained duel Local Certificates from District Mastung and District Kalat, therefore, in view of para-32 of the Prospectus, petitioners are not eligible to apply for admission against the reserved seats of District Kalat.
4. Petitioners while controverting the same, explained that the grandfather and father of petitioners had obtained Local Certificates from. District Kalat and though earlier they obtained Local Certificates from District Mastung, but both of them surrendered their earlier Loral Certificates on 15.6.07, and requested for cancellation of the same. On their such request, the Local Certificates were duly cancelled by the Executive District Officer Revenue, District Mastung on 27.6.07 and thereafter they both obtained Local Certificates from District Kalat on 16.6.07. Further stated infact they are resident of village Gazag, Tehsil Mangocher, District Kalat. Subsequent to that, both the petitioners independently obtained separate Local Certificates from District Kalat on 1.4.08 and on the basis of such Local Certificates, applied for admission in 1st Year MBBS Class of Bolan Medical College for the current session 2008-09, from District Kalat.
5. The Selection Committee, after hearing the parties, referred the case to EDO, Revenue, Kalat, with directions to hold an enquiry regarding authenticity of the Local Certificates of petitioners.
6. Thereafter the petitioners and private respondents appeared before the EDO, Revenue Kalat. The private respondents submitted Objections, challenging the validity of the Local Certificates of petitioners, mainly emphasizing therein that, Grandfather and father of petitioners had obtained Local Certificates from District Mastung in the year, 1988, and the same was cancelled on 27.6.07 on their request, whereas the Local Certificates from District Kalat were obtained on 16.6.07, thus at the time when Local Certificates were obtained, they were in possession of duel Local Certificates from District Mastung and District Kalat, as such, the petitioners were not entitled for admission, under para-32 of the Prospectus.
7. The petitioners while refuting the Objection, emphatically stated that the grandfather and father of petitioners surrendered their Local Certificates before the EDO, Revenue, Mastung on 15.6.07 and the matter was delayed by the EDO, who cancelled the same on 27.6.07, thus it cannot be said that at the time of obtaining Local Certificates from District Kalat, they were in possession of Local Certificates, both from District Mastung and District Kalat. It was additionally agitated that, petitioners have obtained the Local Certificates, for the first time in their own name from District Kalat on 01.04.08.
8. The EDO, Revenue Kalat, after hearing the parties, held that since the Grandfather and father of petitioners had obtained Local Certificates on basis of false affidavits, therefore, they do not belong to District Kalat. On the basis of such findings of EDO, Revenue, Kalat, the Selection Committee, rejected the candidature of petitioner vide impugned order, hence this petition.
9. We have heard Mr. Mohsin Javed, learned Counsel for petitioners. Syed Zarif Shah, learned Counsel represented the case of respondents 4 and 6, whereas Mr. S.A.M. Quadri, learned Counsel appeared on behalf of Respondent No,
5. Mr. Aminuddin Bazai, learned Additional Advocate General, represented the official respondents.
10. Learned Counsel for petitioners contended; that, para-32 of the Prospectus for admission in Bolan Medical College, is not an impediment in the way of petitioners as at the time of applying for admission, admittedly the Grandfather and father of petitioners were only in possession of one Local Certificate issued from District Kalat, as the earlier Local Certificates obtained from District Mastung, were got cancelled. Learned Counsel further contended that, since the petitioners had not obtained any local Certificate, prior to the one obtained by them on 1.4.08, thus the Selection Committee erred in not considering the independent Local Certificates of petitioners, as for admission in a professional College, it is status of the candidate, which is to be considered. Learned Counsel pointed out that, petitioners and their family owe ancestral property in village Gazag, Tehsil Mangocher, District Kalat, therefore, it cannot be held by any stretch of imagination that, they do not belong to District Kalat. Learned Counsel further stated that there were no malafides in cancelling the Local Certificate from District Mastung and obtaining Local Certificates from I--strict Kalat. Lastly learned Counsel, vigorously pointed out that from both District Mastung and District Kalat, the petitioners were on the top of merit list, but by declining admission, grave miscarriage of justice has been caused to them.
11. Mr. S.A.M. Quadri, learned Counsel, vehemently argued that, provisions of Section 32 of the Prospectus were rightly applied in the cases of petitioners, as at the time of obtaining the Local Certificates from District Kalat, the Grandfather and father of petitioners were also in possession of Local Certificates from District Mastung, as the later were cancelled on 27.6.07.
12. Syed Zarif Shah, learned Counsel and Mr. Aminuddin Bazai, learned Additional Advocate General, however, adopted the arguments of Mr. SAM.Quadri, learned Counsel.
13. We have minutely considered the arguments putforth by learned Counsel for parties and with their assistance also perused the record of the case.
14. Before dilating upon the respective contentions of the learned Counsel for parties, it would be appropriate to reproduce para-32 of the Prospectus, which reads as under :-- "A candidate or his/her father/mother/guardian as the case may be found in possession of two or more local/domicile certificate issued by competent authority of different Districts/Agencies in the time of applying for' admission, shall not be considered for admission against the seats of any District. Agencies for which he or she has applied. Such cases can be considered as a special case only if he or she the parents/guardian inform the committee at the time of admission and that too have got cancellation of their certificates at least two years before applying for admission in Bolan Medical College, Quetta, if such cases not mentioned at the time of admission will be de-seated without any notice and will not be eligible for admission in future for at least three coming years and he or she has no right to appeal in any Court of law".
15. Agreeing with the contention of learned Counsel for petitioners, in our considered view, para-32 of the Prospectus is not attracted in the case of petitioners. It may be observed here that perusal of record reveals that, Local Certificates obtained by the Grandfather and father of petitioners on 24.7.1988, were surrendered before the EDO, Revenue, District Mastung on 15.6.07, for cancellation which was cancelled on 27.6.07. The contention of learned Counsel for petitioner, has substance that, on 15.6.07, once they submitted the original Local Certificate for cancellation, they were no more in possession of such Local Certificates and thus it cannot be said that at the time of obtaining Local Certificates from District Kalat, they were in possession of any other Local Certificates. Besides on the day, when petitioners applied for admission, the Grandfather and father of petitioners were only in possession of Local Certificates from District Kalat. Admittedly the Admission Forms were submitted by petitioners in the month of September, 2008, and on such date the Grandfather and father of petitioners were only in possession of Local Certificates obtained from District Kalat. Thus, by no stretch of imagination, it can be held that, at the time of admission, the Grandfather and father of petitioners were, in possession of Local Certificates, both from Districts Kalat and Mastung.
16. Reverting to the next contention of learned Counsel that the Respondent No, 1, erred in not considering the admission of petitioners, on the strength of Local Certificates obtained by them, independently in their own name from District Kalat on 1.4.08, which were issued to them, on the basis of their ancestral property owned by them in village Gazag, Tehsil Mangocher, District Kalat, it may be observed that, it is always the status of the candidate, which is to be considered at the time of admission. Article-15 of the Constitution of Islamic Republic of Pakistan, confers a right on every citizen to move freely and reside and settle anywhere in any part of the Country, subject to reasonable restriction imposed by law in public interest. Since the petitioners themselves have obtained Local Certificate independently from District Kalat therefore, their intention to settle in said District cannot be doubted at this stage. And therefore, we are of the considered opinion that Selection Committee erred in not considering their candidature on basis of said Local Certificates, obtained independently and admittedly are still intact and have not been cancelled. Besides, surprisingly it is noted that throughout, this private respondents have been raising objections on the local Certificates of the grandfather and father of petitioners, and no objection has been raised against the Local Certificates of the petitioners obtained by them, independently from District Kalat.
17. It may also be observed that the original Local Certificates issued to the Grandfather and father of petitioners have been surrendered on 15.6.07, and there is nothing on record to suggest that, petitioners had ever benefited from such Local Certificates, in as much as, there is also nothing on record to show, whether the names of petitioners were entered in the local Certificate of their father or otherwise? As both sides have not placed anything in this regard, before us, therefore, it appears that the petitioners have applied independently for the first time for obtaining Local Certificates from District Kalat, which has not be objected and same are intact. Thus, the rejection of their candidates is without lawful authority. In this behalf, we are fortified from the Judgments reported in 1991 SCM R 2099 (Miss Sumia Vs. Selection Committee, Bolan Medical College Quetta and others) and 1993 SCM R 2083 (Miss Salma Vs. Selection Committee).
18. In the former case, the Hon'ble Supreme Court held as follows:-- "On the basis of the above uncontroverted facts that the appellant was born in Lasbella in 1970, was brought there, got her entire education three except her Intermediate Examination for want of Girls College, it cannot be held that she does not belong to Lasbella. The mere fact that the appellant's father came to the Province of Baluchistan after joining service as a teacher in 1969, would not negate the above status of the appellant. It has not been brought on record that the appellant in fact has been residing at any other place then Lasbella or Quetta for her college education. The alleged Karachi address in the service book of the appellant's father and its alleged alteration by committing alleged forgery by the appellant's father, were consideration alien to the jurisdiction of committee. It is the status of a candidate which is to be determined and not of the family as pointed out hereinabove Additionally, we may point out that there is no material on record to conclude that the appellant's father has not opted to settle down permanently in Lasbella by purchasing a plot of, land and by raising construction of house thereon and residing therein with his family and by obtaining a domicile certificate on 12-09-1978. The impugned order of the Committee is apparently in conflict with above-quoted unreported judgment of this Court".
19. Concurring with the above view, again in the later case, the Hon'ble Supreme Court held as under:- - "In view of the above stated facts, there was hardly any material either before the Selection Committee or before the learned Judges of the High Court to hold that the appellant was not a bona fide resident of Lasbella District. In the case of Miss Sumaeea Zareen V. Selection Committee, Bolan Medical College, Quetta and others (1991 SCM R 2099) this Court while interpreting the scope of the expression: as to whether a. candidate actually belongs to the district agency of which he/she produced the local/domicile certificate; in the Prospectus of the College observed as follows: "11. Since the words 'as to whether a candidate actually belongs to the district agency of which he/she has produced the local/domicile certificate' have been used, it may be appropriate to refer to the ordinary literary meaning of the keyword "belong" as it is a well-settled principle of interpretation of statutes or the rules framed there under that the words have to be given their ordinary meaning in the absence of any special meaning assigned to them under the relevant statute or the statutory rules. In this behalf reference may be made to judgment of this Court in the case of Ashiq Hussain and others u. The State (1989 SCM R 392).
20. The Concise Oxford Dictionary (Sixth Edition, 1976) and Chambers 20th Dictionary(New Edition), define the above word as follows:-- "belonging v.i.
1. Be rightly assigned to (as duty, right, possession, natural or usual accompaniment, expamle in classification, characteristic, part member, inhabitant, appendage); to be member of(club household, grade of society, etc).
2. Be resident in or connected with.
3. Be rightly placed or classified (in under, etc); fit a specified environment etc, (ME, app. An intensive, f BE-2, of ME Longen belong f. OE langian (genland at hand)". "belong bi-blong, v.i. (in all senses usu with to) to go along (with): to pertain (to): to be the property (of): to be part or appendage (of), or in any way connected (with): to be specially the business (of)".
21. From the above quoted definition, it is evident that the above word has very wide connotation as it inter alia includes a resident, a native and an inhabitant. In the absence of any special definition in the prospectus there seems to be no justifiable reason to place narrow or strict construction. We may point out that Article 15 or the Constitution confers right on every citizen subject to reasonable restrictions imposed by law in public interest to enter and move freely throughout Pakistan and to reside and settle in any part thereof. The above Constitutional fundamental right cannot be in any manner impaired or defeated directly or indirectly. Above para.34 of the prospectus is to be construed as to advance the objective envisaged by the above Article.
22. In view of the above discussion, we feel no hesitation in holding that, Selection Committee seriously erred in rejecting the application of the petitioners.
23. As a consequence, the impugned order being without lawful authority is set aside and Selection Committee is directed to admit the petitioners against the reserved seats of District Kalat, in 1st Year MBBS Class of Bolan Medical College, Quetta, on merits.
24. Parties are left to bear their own costs.