' ABDUL HAMEED DOGAR,J----The petitioner, whose Permanent Residence Certificate ("PRC") and the Domicile Certificate, issued by District Magistrate, Shikarpur, have been cancelled and in consequence whereof he is likely to be deprived of his admission in Chandka Medical College, Larkana, seeks leave to appeal against the order, dated 8-7-1999, passed by a learned Division Bench of the High Court of Sindh at Karachi, whereby Constitutional Petition No.653 of 1999, filed by him, was dismissed in limine alongwith Miscellaneous Application No.1695 of 1999.
2. The petitioner was granted PRC and Domicile Certificate by District Magistrate, Shikarpur on the basis of Primary School Leaving Certificate. Secondary School Leaving Certificate, Voters' List and Residence Certificate and was accordingly allowed admission on 19-2-1997 in First Year M.B.,B.S. 1996-97 Session against a reserved seat for District Shikarpur by Principal and Chairman, Selection Board, Chandka Medical College, Larkana. Respondent No.4 Fawad, challenged the PRC and Domicile Certificate issued to the petitioner by preferring an application before the Commissioner, Larkana Division, who after hearing the parties, cancelled the same on 22-3-1997. The petitioner challenged the said orders before Permanent Residence Appellate Committee (hereinafter to be referred to as the "Committee"), which, vide orders, dated 17-1-1998, allowed the same and restored his PRC and Domicile Certificate. The respondent No.4 assailed the said orders in Constitutional Petition No.D-140 of 1998 before a learned Division Bench of the High Court of Sindh at Karachi, which was disposed of by a consent order on 15-9-1998 and the matter was remanded to the Committee with direction to dispose of the appeal by 30-9-1998, after hearing the concerned parties or their counsel and considering their documentary evidence. With regard to the petitioner's admission it was observed that the same would depend on the final verdict of the Committee, Consequently, the Committee, after hearing the parties afresh, dismissed the appeal of the petitioner and maintained the order of the Commissioner, Larkana Division vide its order, dated 20-3-1999. Being aggrieved and dissatisfied the petitioner filed Constitutional Petition No.653 of 1999 before the learned High Court of Sindh at Karachi.
3. We have heard Mr. Nooruddin Sarki, learned ASC for the petitioner at length and have gone through the record and proceedings of the matter in minute particulars.
4. The learned counsel for the petitioner seriously attacked the findings of the facts given by the Commissioner, Larkana Division and the Committee and argued that in fact the petitioner was a permanent resident of village Bhutto Wandh, Taluka Garhi Yaseen, District Shikarpur, but got his education in Larkana City only According to him District Magistrate, Shikarpur had rightly granted PRC and Domicile Certificate to the petitioner after proper inquiry and considering the documentary evidence furnished by him. He lastly contended that the fact that initially Committee had restored the petitioner's PRC and Domicile Certificate in earlier round of litigation, whereas subsequently gave contradictory findings and maintained the cancellation of the same, was not at all considered by the High Court.
5. The finding of the Commission, Larkana Division that the petitioner obtained Domicile Certificate and PRC on the basis of forged documents seems to be convincing, He in order to satisfy himself about the genuineness of Primary School Leaving Certificate of the petitioner, sent the same for verification to the Headmaster of Government Primary School, Ghulam Bhutto of Larkana District, according to whom place of birth of the petitioner was village Arzi Bhutto and not Bhutto Wandh.
The Commissioner examined original School Leaving Certificate of the petitioner and found his place of birth as village Arzi Bhutto of District Larkana. He noticed that petitioner had interpolated the same by overwriting at the place of birth as village Bhutto Wandh, Taluka Garhi Yaseen, District Shikarpur. The Residence Certificate was also rejected as it was signed by the lecturer, an incompetent person. According to the learned Commissioner on verification of Voters' List it was found that original name at Serial No.530 was that of one "Phono", which was tampered by the petitioner as "Photo", said to be his grandfather. The decision of the Commissioner was upheld by the Committee and the petitioner has failed to show that their concurrent findings were perverse and based on non-consideration of relevant evidence or consideration of extraneous material.
Since no mala fide was alleged against a new member of the Committee, i.e. The present Law Secretary, Government of Sindh, as such, the contention that the Committee could not take a different view would be of no avail. It would be pertinent to note that the A Domicile Certificate and PRC 'of the petitioner were cancelled only after a month of admission in Chandka Medical College, as such his further studies in the College were at his own risk and costs. The above-mentioned documents cannot be justified to be true, particularly when its very foundation was based on fraud and forgery.
6. For the foregoing reasons, leave to appeal is refused and the petition is dismissed.