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Constitutional Petition No. 52 of 1981, decided on 23rd May, 1982.
----Art. 9‑Constitutional jurisdiction‑Constitutional petition against order of Political Agent cancelling domicile certificate dismissed by High Court‑Grant of leave to appeal by Supreme Court, held, does not affect law enunciated by High Court‑Correctness or otherwise of said law to be examined by Supreme Court in final hearing of appeal and till then High Court, held further, not precluded to base its decision in every case posing similar law point on law enunciated.[Precedent].
P L D 1981 Pesh. 57 ref.
Q. Muhammad Jamil for Petitioner.
Zahoorul Haq, A.‑G. for Respondent No. 1
A. R. Qazi and M. Ashfaq for Respondent No. 4.
Date of hearing : 23rd May, 1982.
.‑We propose to dispose of these 7 Con stitutional Petitions by this one order as same question of law is involved therein. The petitioners were issued domicile certificates by the Political Agents with respect to their being residents of the tribal territory and on the basis of the said certificates they sought admissions in the Medical Colleges as M. B., B. S. students, but as in the events that happened, their domicile certificates by the Political Agents were cancelled, the petitioners were unable to get admissions in the Medical Colleges. They questioned the orders of the Political Agents cancelling their domicile certificates before the higher authorities, but they failed in this respect and hence these Constitutional Petitions filed by them in this Court with prayer that the impugned orders may be declared to be without lawful authority and of no legal effect and a direction may be issued to them to restore to the petitioners their domicile certificates so as to enable them to seek admission in the Medical Colleges.
Exactly a similar writ petition filed by one Syed Shah in this Court was dismissed by this Court on 13th July, 1980 vide judgment reported in P L D 1981 Pesh. 57. 1t was held that this Court will have no Constitutional jurisdiction in the like matters. The learned counsel for the petitioners pointed out that against the above judgment of this Court, Syed Shah moved the Supreme Court of Pakistan in Petition for Special Leave to Appeal and Leave to Appeal was granted by order dated 28th September, 1980. Their submission therefore is that until the disposal of the appeal of Syed Shah by the Supreme Court of Pakistan, these petitions may be kept pending. We do not feel inclined to consider this submission. Correct that the Supreme Court has granted leave to appeal in the cited case, but this does not mean that the law enunciated by this Court is not a law any longer. The correctness or otherwise of the said law is to be examined by the Supreme Court in the final hearing of tale appeal and till then this Court is not precluded to base its decision in every case posing the like law‑point on the judgment of this Court in Syed Shah's case.
These petitions are, therefore, dismissed with no order as to costs.
M. Y. H. Petition dismissed
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