ADNAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pak

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ADNAN KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa, Peshawar S.3---Succession act (XXXIX of 1925), Ss.9, 13 & 14---Pakistan Citizenship Rules, 1952, R.23---appointment against the posts of Primary School Teacher---Domicile of the candidate, determination of---Contention of the petitioner-candidate was that the respondent-candidates had secured appointment (as Primary School Teacher) by wrongly obtaining domicile of the district where the post existed---Held, that posts of Primary School Teacher were district-wise posts under S.3 of Khyber Pakhtunkhwa (appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory act, 2011 ('the 2011 act'), which (posts) were required to be filled from candidates belonging to the Union Councils where the posts existed ---If an eligible candidate was not available in a Union Council then appointment could be made from adjacent Union Council and person from other district could not be appointed on the post of Primary School Teacher---In order to ensure that the residents of concerned Union Council were to be appointed on such post, Legislature had further particularized that permanent address of candidates of concerned Union Council was required to be mentioned in their Computerized National Identification Card (CNIC) and Domicile Certificate---Domicile was taken as one testimonial that the person was permanently resident of the district where he had applied for appointment while another such testimonial was CNIC---Petitioner had not raised objection regarding CNICs of the respondents which (CNICs) showed the permanent addresses of both as the district where the post-in-question pertained (though temporary address of one respondent was mentioned of some other district)---Main purpose of obtaining domicile was not establishing an entitlement to the job but such purpose was made one of the touchstones for determining one's entitlement for job of Primary School Teacher under S.3 of the 2011 act ---Issuance of a domicile had not been a permanent feature to the effect that a person, obtaining it once, had to carry the same till his death---Sections 13 & 14 of the Succession act, 1925, stipulated that an earlier domicile could be substituted through a subsequent domicile and the acquisition of subsequent domicile by a person was authorized by law---Competent authority (Deputy Commissioner) of both the districts had satisfied themselves while cancelling previous domiciles and issuing new ones---Respondents had placed their testimonials (domicile certificates and CNICs ) before the Recruitment authorities who were also satisfied regarding their permanent addresses---Disputed question of fact could not be determined by the High Court while exercising constitutional jurisdiction as the same could be determined by the Civil Court---Petitioner had failed to make out case for the intervention of the High Court---Constitutional petition was dismissed, in circumstances. Head Notes

ADNAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa, Peshawar S — 2022 PLC(CS) 550 PESHAWAR-HIGH-COURT

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