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P L D 2001 QUETTA 72

DR. MRS. BUSHRA MAGSI
V/S
DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, JHAL MAGSI AT GANDAWAH

Per Tariq Mahmood, J.(a) Constitution of Pakistan (1973) Article. 27
It may be noted that quota system has not so far been abolished. The object of creating reserved seats for different Districts in professional colleges and employment appears to give legal protection to the students/genuine residents of the area in order to bring them at par with the developed areas of the country/province. We have also noticed that whatever reserved seats/posts are advertised, the Authorities concerned demand Local/Domicile Certificate issued by the Deputy Commissioner/District Magistrates of the respective district. Accordingly, the aforementioned object would be defeated, if the candidates, who are not bona fide/permanent residents of the area but somehow for other manipulate to obtain Domicile/Local Certificate from such districts become eligible for such reserved seats, effecting the rights of genuine residents of the area.[p.76]A
It appears from record produced by learned Deputy Commissioner that a Local Certificate Committee has been constituted in District Kachhi to make recommendations for grant of Local Certificate. In the application, prescribed for grant of Local Certificate. In he application, prescribed for grant of Local Certificate an applicant claims himself to be native resident of the area and the purpose for which the same is required. There is a pro forma for the purpose, as well which requires various information from an applicant including his permanent and temporary residence, purpose for which it is required, particulars of education along with proof, details of property, copy of Identity Card, verification by members of District Committee/Notables of the area and Chairman Town Committee, report by Patwari/Qanoon-go, recommendation by Tehsildar and Sub-Divisional Magistrate. Besides, there is a printed form regarding proceeding conducted by Members of Local Certificate Committee. Therefore, if in order to regulate issuance of such certificates, Local Certificate Committee has been constituted and the same are being Issued on their recommendation, no departure can be made. Also that after providing opportunity of hearing or/and probe into the matter, a Local Certificate can be even recalled. It may also be noted that question of residence in a particular district depends upon the satisfaction of Committee or Issuing Authority, which of course has to be based on record. Such Local Certificates in the district are invariably issued after the person claiming the Local Certificate establishes to be the resident of the area. Invariably recommendations of such Committee or result of enquiry are accepted by the Deputy Commissioner concerned, unless there is authentic material to the contrary. Also that such certificates are in the nature of Permanent resident Certificates. In our view, these observations would remove some of the anomalies regarding nature of such Certificates.[P.77]B

(b) Constitution of Pakistan (1973) Article 27, 199.
Now it may be seen that the petitioner based her claim on two factors i.e. (1) her marriage with Doctor Noor Ullah Magsi and (2) that her husband is holder of a Local Certificate but as mentioned hereinbefore that matter has to be decided on the basis of recommendations made by a Local Certificate Committee constituted for the purpose and in the manner provided. But it appears from the record that neither the petitioner followed the procedure nor Deputy Commissioner and impugned order was passed without providing an opportunity of hearing to petitioner or her husband and before placing reliance on the enquiry conducted by him (may be due to time specified by this Court).[p.77,78]C

Also that at time of submission of application, it was obligatory on the part of petitioner or her husband to place necessary material before the learned Deputy Commissioner/Committee to prove that she is a genuine resident of the area but simultaneously it cannot be ignored that enquiry was conduced behind the back of petitioner and without providing an opportunity of hearing to her/him. In the circumstances we feel appropriate to set aside the impugned order passed by learned Deputy Commissioner and petitioner is at liberty to appear before the learned Deputy Commissioner and/or Committee constituted for the purpose and establish that her husband is a genuine and bona fide resident of the area.[p.78]D

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