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Constitutional Petition No. 1191 of 1986 heard on 20th January, 1987

‑‑R. 30‑‑Constitution of Pakistan (1973) , Art. 199‑‑Educational institutions‑‑Admission in Engineering College, cancellation of‑‑Admission of petitioner in Engineering College was cancelled due to cancellation of petitioner's Domicile Certificate by concerned Authorities‑‑‑ Petitioner's appeal against cancellation of his domicile certificate accepted by Appellate Authority‑‑College Authorities in spite of being fully aware of pendency of such appeal, without waiting for its result gave admission in college to next eligible candidate in place of petitioner‑‑College Authorities, held, should have waited for disposal of petitioners appeal before giving admission to next candidate‑‑Domicile Certificate of petitioner having been restored, order cancelling admission of candidate in college was set aside by High Court in circumstances.‑‑[Educational Institutions].

Masood Shaharyar for Petitioner.

Attaur Rehman for Respondent No. 2.

Rehan Farooqui for Respondent No. 4.

A.A. Muhammad Ally, A.A.‑G., Sind.

Date of hearing: 20th January, 1987.

‑‑ This constitutional petition calls into question an order of cancellation of admission of the petitioners, which was passed on 6‑4‑1986 by respondent No.l on the ground that Domicile Certificate produced by him has been cancelled by the Nationality Certificate and Visa Officer and First Class Magistrate vide his order dated 27‑1‑1986.

2. The petitioner had obtained admission in the Dawood College of Engineering & Technology, Karachi (respondent No.2) in March, 1985 for 1984‑85 session on Diploma Sind Electronic Seat. Subsequently the admission was cancelled by the order, which is impugned in this petition. The petitioner filed an appeal against the order of cancellation of Domicile Certificate before the Government of Pakistan, which has been allowed vide order dated 30‑7‑1986 and it is stated in the said order that the Federal Government, in exercise of powers under Rule 30 of the Pakistan Citizenship Rules, 1952, has accepted the appeal of the petitioner and has set aside the order passed by the Nationality Certificate and Visa Officer, Karachi Mr. Atta‑ur‑Rehman, learned counsel for respondents Nos. 1 and 2 present, states that after the admission of the petitioner was cancelled, the seat, which fell vacant has been filed in by accommodating the candidate, Muhammad Abdur Rehman, who was eligible and was next on waiting list. Mr. Masood Sheharyar, learned counsel for the petitioner, has pointed out to us a letter dated 25‑2‑1986, which is written by Section Officer, Ministry of Interior, Government of Pakistan, addressed to the Secretary to the Home Department, Government of Sind, stating therein that the appeal filed by the petitioner is to be taken up for hearing, in connection with which the record with parawise comments of District Magistrate, Karachi, were requisitioned. Learned counsel for the petitioner states that the petitioner himself supplied a copy of this letter in the College and has pointed out the signature showing receipt of the copy. This fact is not denied in the counter‑affidavit, which has been filed by Principal of the Dawood College of Engineering and Technology. This letter shows that this fact was within the knowledge of respondent No. 2, when in place of the petitioner admission was given to the next candidate in spite of the fact that his appeal was pending before the proper forum. Respondent No.2 should have waited for the disposal of the petitioner's appeal. In the circumstances, when the appeal of the petitioner has been allowed, we set aside the impugned order of cancellation of admission of the petitioner.

3. In the result, Constitutional Petition No. D‑1191 of 1986 is allowed.

H. B. T. /M‑22/ K Petition allowed.

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