ADNAN AHMED vs PROVINCE OF SINDH through Chief Secretary to the Government of Sindh Rr

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ADNAN AHMED VS PROVINCE OF SINDH through Chief Secretary to the Government of Sindh Rr. 5, 7(2), Forms "C" & "D"---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---Locus poenitentiae, doctrine of---Applicability---Verification of domiciles and testimonials---Petitioners assailed merit list on the plea that the same was not prepared after verification of persons who belonged to other provinces---Validity---Certificate of Permanent Residence in Province of Sindh, under R. 5 of Sindh Permanent Residence Certificate Rules, 1971 for the purpose of (a) admission to education institution was to be issued in Form "C" and (b) recruitment to Public Service was to be issued in Form "D"---Certificate was to specify district or other local area in Sindh of which holder of Certificate was a permanent resident---Person who was domiciled in or had acquired domicile of another province, under the provisions of R.7(2) of Sindh Permanent Residence Certificate Rules, 1971, was not to be granted certificate in Form "D" unless he had renounced such domicile and produced satisfactory evidence before District Magistrate of such renunciation---High Court declined to interfere in the matter, as there was no illegality or infirmity committed by Public Service Commission in appointments of respondents, who had received letters for their appointments and were working on their respective posts after completing formalities which included verification of their testimonials, domicile and Permanent Residence Certificates---Once a right was accrued by issuance of appointment letters after complying with all codal formalities, such right could not be taken away on mere assumption and or supposition and or whims and fancy of any executive functionary---Such right once vested, could not be destroyed or withdrawn as legal bar would come into play under doctrine of Locus poenitentiae well recognized and entrenched in our jurisprudence---Constitutional petition was dismissed, in circumstances.

ADNAN AHMED vs PROVINCE OF SINDH through Chief Secretary to the Government of Sindh Rr — 2022 PLD 542 KARACHI-HIGH-COURT-SINDH

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