MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India was admitted to hearing by a Division Bench as on the averments made therein important issues pertaining to the nationality and the domicile of the petitioner fell for determination.

(2.) THE facts averred by the petitioner Malkiat Singh are that the parents and the grand-parents of the petitioner were born in the territory of India and are Indian citizens. The family owns immovable property in the State of Punjab and the family home is in the town of Nakodar where they owned an ancestral dwelling house in Mohalla Bahadurpur. The father of the petitioner in the year 1942 left for Kenya but on the termination of the Second World War in 1945 he returned to india and it was on the 10th of October, 1946, that the petitioner was born to his parents at Nakodar. In the year 1947, the parents of the petitioner again went to kenya taking the petitioner along with them. The petitioner had his education in kenya during his stay there till May, 1965, and passed the Senior Cambridge examination in December, 1964, in Kenya. It has been averred that for the last three years ever since his return from Kenya, the petitioner is residing in the family house at Mohalla Bahadurpur in Nakodar and a certificate to the said effect granted by the Sub-Divisional Magistrate, Nakodar, has been annexed as annexure 'a' to the petition. The petitioner has bee pursuing his studies in India and in the year 1968 he passed his first year B. Sc. (TDC) Examination by obtaining 67% of the aggregate marks thus becoming eligible for admission to the 1st year M. B. B. S. Course, 1968. It has been admitted in the petition that the petitioner travelled from Kenya to India on a British Passport but it has been expressly averred that at no stage he ever renounced or revoked his citizenship nor has he any such intention and on the principles of Dual citizenship, Indian citizens are entitled to take British passports for the purpose of travel.

(3.) IN pursuance of a notice for admission to the 1st Year M. B. B. S. Course in the government Medical College at Patiala and Amritsar, the petitioner had submitted his admission form to the Principal, Government College, Patiala, respondent No. 3 in his office on the 29th June, 1968. The petitioner, however, had opted his preference for admission to both the colleges was held jointly by the Selection committee at Patiala. The petitioner was duly interviewed on the 19th July, 1968, and has averred that he was placed at serial No. 146 out of the 200 selected candidates against the seats reserved for open merit under rule 5 (viii) of the brochure for admission to the 1st Year M. B. B. S. course 1968. Respondent No. 3, vide his letter dated the 23rd July, 1968, annexure 'c' to the petition directed the petitioner to submit his passport to the Principal, Medical College, Amristar, by the 27th of July, 1968, and the petitioner in compliance therewith submitted the same to the said Principal, Medical College, Amritsar, on seeing the Passport informed the petitioner that his admission had been cancelled as he was not a citizen of india and is in India only on a British Passport. He was further told that he was not eligible for admission against the seats reserved for open merit in accordance with rule 5 (viii) of the Brochure. Respondent No. 2, however, referred this matter to respondent No. 1. The Secretary, Health Department, Punjab, Civil Secretariat, chandigarh, for further clarification and the petitioner was directed to appear before him. In compliance therewith it has been averred that the petitioner on the 6th of August, 1968, met respondent No. 1 but the latter without applying his mind to the facts or affording any proper or reasonable opportunity to him declined to interfere in the matter. Aggrieved by the above-said, the petitioner has thus come by way of a writ petition before this Court.