July 31, 2002	Wednesday	Jamadi-ul-Awwal 20,1423

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PESHAWAR, July 30: Accepting a writ petition, a two-member bench of the Peshawar High Court on Tuesday directed the administration of Ayub Medical College, Abbottabad, to give admission to a tribal student.

The bench comprising Justice Malik Hamid Saeed and Justice Ijaz Afzal set aside order of the political agent Kurram Agency through which he had cancelled domicile of the petitioner, Wahid Gul.

The court observed that the petitioner possessed landed property in the agency and was entitled to have a domicile of that area. The petitioner was admitted to Ayub Medical College last year against seats reserved for Federally Administered Tribal Areas (Fata). After three months in college he was expelled on the ground that his domicile was cancelled by the political agent, Kurram Agency.

Advocate Naveed Akhter appeared for the petitioner and stated that neither the political agent nor the principal of AMC, had issued any notice to the petitioner before issuing the impugned order. He contended that nobody should be condemned unheard and it was violation of the Principle of Natural Justice when the petitioner was expelled without any notice.

Akhter stated that the political agent first declared that his domicile was fake and later on stated that he was not a resident of the agency. However, he added, both his statements proved to be wrong.

Advocate Waseemuddin Khattak, appearing for the medical college, informed the bench that on the petitioner’s seat another candidate had already been admitted and now there was no vacant seat in the college.

The bench observed that it was not the court responsibility.