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2016 SCMR 139

MURAD ALI KHAN vs VICE CHANCELLOR, UNIVERSITY OF HEALTH SCIENCES,

Citation2016 SCMR 139
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 502 of 2014
Date2014-10-24
Judge(s)Jawwad S. Khawaja, Qazi Faez Isa
ResultPetition dismissed

ORDER

' JAWWAD S. KHAWAJA, J.---The petitioner impugns the judgment of the High Court dated 18.3.2014, whereby ICA No.9/2014/BWP, filed by him, was dismissed and as a consequence the decision of the Writ Petition No. 7351 of 2013 in favour of the respondent Tehreem Fatima Lashari, was affirmed.

2. The issue before us is very simple, The petitioner and Tehreem' Fatima (respondent No.3) had applied for admission in Sheikh Zayad Medical College, Rahim Yar Khan and were the contesting parties for the sole seat reserved for the advancement of candidates from Cholistan, The petitioner was initially selected for the said reserved seat. The respondent No.3, cited the prospectus issued by the Government of the Punjab for admission in Government Medical and Dental Institutions. She also referred to the contents of the prospectus which specifies that the candidate to be selected for the reserved seat "must be Cholistani by birth and should have actual residence in Cholistan...."

3. The respondent claims to be Cholistani by birth, as she was born in Yazman which is in Cholistan, The petitioner, however, was born in Vehari which is not in Cholistan but the contention of the petitioner is that he was a Cholistani as he had a Cholistani domicile and the residence of his parents and ancestors was in Cholistan.

4. The learned Single Bench while deciding the Writ Petition No.7351/2013 and the Division Bench which decided the ICA No. 9/14 have interpreted the above referred provision of the prospectus.

They have rightly concluded that the words "by birth" would become meaningless, if they are interpreted so as to include Cholistanis by domicile, even where they are born outside Cholistan.

5. The interpretation of the prospeus given by the learned Single and appeal Benches of the High Court is consistent both with the letter of the prospectus as well as its spirit, which appears to be providing encouragement to those who are born it Cholistan. In this view of the matter, we find no reason to interfere in the impugned judgment. This petition, as a consequence, is dismissed and leave to appeal is declined.

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