2017 M L D 1660
[Balochistan]
Before Jamal Khan Mandokhail and Nazeer Ahmed Langove, JJ
NOOR AHMED and another ----Petitioners
Versus
DEPUTY COMMISSIONER, KHARAN and 3 others ----Respondents
C.P. No.255 of 2017, decided on 17th May, 2017.
Constitution of Pakistan ---
----Art.199---Constitutional petition ---Permanent resident certificate---Authorities declined to
issue permanent resident certificate to petitioners for their admission in Medical College ---Plea
raised by petitioners was that their family had b een residing in Kharan District (Balochistan)
since their forefathers ---Validity ---Petitioners were able to prove that they were bona fide
residents of Kharan and had been residing there since their forefathers ---Old Identity Cards of
petitioners wherein permanent residence of fathers and mothers of petitioners was shown as of
Kharan City which cards were issued in years 1995, 1975 and 1990, besides issuance of local
certificate on 24 -07-1994 to one of the petitioner's brother ---Petition was allowed accordi ngly.
S.A.M. Quadri for Petitioners.
Muhammad Riaz Ahmed for Respondents.
Shai Haq, A.A.G. for the State.
Date of hearing: 3rd May, 2017.
ORDER
NAZEER AHMED LANGOVE .J. ---The petitioner filed the instant petition with the
following prayer: -
"It is, therefore, respectfully prayed that order issued by respondent No.1 upon
recommendation of respondent No.2 may be ordered to be set -aside and respondent No.3
may be directed to consider the documents and result of pre -entry test for the academic
session 2016/17 existing in favor of petitioner No.2. Any other relief deemed fit and
proper in the circumstances of the case may also be awarded."
2. Brief facts of the case are that the petitioners filed the instant petition with averments that
father of the petitioner No.1 and grandfather of the petitioner No.2 namely Ameer Hamza (late)
son of Khuda -e-Nazar Khan was permanent resident of Kharan and he had obtained his National
Identity Card bearing No.602- 40-170553 on 02- 06-1975. Similarly, the petitioner No.1 and
grandmother of the petitioner No.2 namely Mst. Bibi Gul obtained her National Identity Card
bearing No. 636- 90-014756. It is further stated that the petitioner No.1 having identity card
bearing No. 636- 74- 117063 besides obtaining local certificate of Khar an issued by District
Magistrate, Kharan bearing No. 3659/LC/GB dated 24- 07-1994. B -form of father of petitioner
No.1 also existed. It is further stated that Khalid Ahmed, the brother of petitioner No.1, is also a
permanent resident of said District having local certificate bearing No.3660/LC/GB dated 24- 07-
1994. It is further stated that the petitioner No.2 applied for admission in Bolan Medical College,
Quetta and obtained prospectus and Form on 27- 12-2016 and submitted the same with
respondent No.3, appe ared in the pre -entry test for admission in BMC and stood at serial No.1 on
merit, whereas the respondent No.4 was placed at Serial No.4. However, when She approached
to the office of respondent No.3 for result, it transpired that her local certificate has been
cancelled by the respondent No. 1 upon re - commendation of respondent No. 2 on 13- 03-2017.
It is further stated that the petitioners have been condemned unheard and they have been
deprived of their local certificates, which too without providing opportunity of hearing to defend
their position. It is alleged that the local certificates of the petitioner have been cancelled at the
instance of an influential person of the area, hence instant Constitutional Petition has been filed.
Learned counsel for t he petitioners argued that the order impugned issued by the
respondent No.1 is contrary to law, facts and principles of natural justice for the reasons that the
petitioners have been condemned unheard, as such, impugned order passed by respondent No.1
is not sustainable under the law and is liable to be reversed. He added that that the order
impugned is based on mala fide intention, just to deprive the petitioner No.2 from admission in
the BMC and to accommodate the respondent No.4 illegally.
On the other hand, the learned counsel for the respondent No.4 strongly opposed the
petition by submitting that the impugned order passed by respondent No.1 is based on legal and
factual grounds that after due probe, quarry and obtaining reports from the competent forums, on
the basis whereof, the local certificates of the petitioners have been cancelled. He maintained that
since the petitioners were not the residents of Kharan and had obtained the local certificates with
fraud therefore, the local certificates obtained on the basis of fraud and concealment of facts have
rightly been cancelled.
4. We have heard the learned counsel for the parties and gone through the record with their
able assistance, which reflects that the notices were sent to the address, where the petitioners
were not residing. It was an intentional attempt to obtain/pass a favorable order behind the
petitioners. It is further observed with grave concern that the private Respondent left no stone
unturned to get the petitioners declared as non- locals o f Kharan and in this respect, he obtained
various certificates, wherein it is stated with force that the petitioners are not the permanent
residents of area which in our view point is a bad and classic example of depriving citizens from
their identity, whi ch cannot be taken so lightly.
Conversely, the petitioners have been able to prove that they are bona fide residents of
Kharan, and are residing there since their fore- fathers. It is manifest from the old ID cards
annexed with the petition, wherein the pe rmanent residence of the petitioner No.1, his father
Ameer Hamza and mother Mst. Bibi Gul have been shown as of Kharan City issued in the years
1995, 1975 and 1990, besides the issuance of local certificates to the petitioner No.1 and his
brother Khalid Ahmed on 24- 07-1994 (later's certificate is still intact). Now all of sudden, the
whole machinery became highly proactive to cancel the local certificates of the petitioners,
perhaps after getting remarkable marks by a poor girl, the petitioner No.2 who stood at serial
No.1 of the merit list for admission in the first year of MBBS. The respondents particularly the
D.C., Kharan was supposed to be a responsible and an unbiased officer, has acted illegally by
way of cancelling the local certificates of the petitioners in haste which too without affording
opportunity of hearing to them to defend their certificates hence such act is not sustainable under
the law.
In view of above mentioned facts and circumstances of the case the petition is hereby
accepted and the order impugned dated 13.03.2017 whereby the local certificates of the
petitioners have been cancelled is set aside and consequently, the local certificates issued in
favour of the petitioners are restored.
MH/123/Bal. Petition allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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