MUNIR AHMED CHAUDHARY, J. --- This writ petition has been filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which admission of respondent No. 1 for MBBS course in Mohtarma Benazir. Bhutto Shaheed Medical College, Mirpur has been assailed on the basis of alleged fictitious state-subjects.
2. It was stated in the writ petition that petitioner is a state-subject of Jammu. & Kashmir and a domicile of District Jhelum. The petitioner and respondent No. 1 applied for MBBS Course. The petitioner was placed at serial No. 4 and respondent No. 1 was placed at serial No. 135 in the merit list of refugee candidates of 1947. Respondent No. 1, Sammiya Munir, got admission in MBBS Course in Benazir Bhutto 'Medical College Mirpur. It was stated in the writ petition that the candidates placed at serial Nos. 1 to 3 got admission in other Medical Colleges of Pakistan, thus, the petitioner was placed at serial No. 1 of the merit list. The documents on the basis of which the state-subject certificates were issued in favour of respondent No. 1 and her father (respondent No. 2) are bogus and fictitious. Resultantly, the nomination of responder No. 1 against one of the seats reserved for the refugees for MBBS Course was liable to be cancelled. It was prayed that the state-subject, certificates of respondents No. 1 and 2 be cancelled and the admission of respondent No. 1 against the reserved seat of MBBS Course be cancelled and the petitioner may kindly be granted admission against the said seat.
3. Respondents were ordered to submit parawise comments but they did not submit the same.
Preliminary arguments were heard. Mr. Muhammad Ayub Sabir, Advocate, the learned counsel for the petitioner, reseated his version as stated in the writ petition. While controverting the learned counsel for the petitioner, Syed Gohar Abbas, Advocate, the learned counsel for respondents No. 1 & 2 contended that petitioner has got no locus standi to file the instant writ petition and the same is not maintainable as well. The petitioner had an alternate remedy to apply for cancellation of the said state-subject certificates in accordance with provisions of law. Moreover, to prove that the sale state-subject certificates are fictitious or genuine is a matter of facts, which cannot be resolved by this Court through a writ petition. The learned counsel requested to-dismiss the instant writ petition in limine.
4. After hearing the arguments, I have gone through the record minutely. It is an admitted fact that petitioner has challenged the admission of respondent No. 1 on the basis of allegedly fictitious state-subject. It is also an admitted principle of law that Azad Jammu & Kashmir Council has got powers to cancel a state-subject certificate' in accordance with provisions of law. The petitioner did not apply for the same and filed the instant writ petition before this Court. The petitioner had an alternate remedy which she did not avail. Moreover, this fact can only be proved through evidence that whether the said state-subject certificates were fictitious or not? It is also an admitted principle of law that matter of facts cannot be resolved through a writ petition. So, the instant writ petition is not maintainable and the petitioner has got no locus standi to invoke the writ jurisdiction of this Court. ..