ANAM BIBI vs SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION, LAHORE S — 2023 PLC(CS) 1552 LAHORE-HIGH-COURT-LAHOR

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ANAM BIBI VS SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION, LAHORE S. 10---Punjab Public Service Commission Regulations, 2016, Reglns. 3 & 23(e)---Constitutional petition---Policy Decision in conflict with regulations---Effect---Petitioner applied for the post of Lecturer on the basis of domicile certificate of her husband as the petitioner had not applied for issuance of domicile certificate till the closing date for filing of applications---Petitioner successfully passed the written test and was called for interview---Petitioner appeared along with necessary documents including her husband's domicile certificate in addition to her own, as she had got issued her domicile certificate---Public Service Commission refused to interview the petitioner and rejected her candidature for the post on account of non-issuance/non-submission of her domicile certificate before the closing date of the advertisement---Petitioner in order to advance her case placed reliance on Regln. 23(e) of the Punjab Public Service Commission Regulations, 2016 while the Commission placed reliance on a Policy Decision---Regulation 23(e) provided that a married female candidate could opt for the district of domicile of her husband till she acquired her own and in such case she would have to produce domicile certificate of her husband along with the evidence of her marriage---Policy Decision in question had imposed a further condition of having domicile of the candidate before her marriage for getting benefit of domicile of her husband---While Regln. 23(e) had not required the submission of earlier domicile of any married female candidate or rejection of her candidature in case she did not possess any earlier domicile---Beneficial Regln. 23(e) had been qualified with a restriction leading to ineligibility of a candidate to be considered for appointment if she had no domicile before marriage---It was hard to imagine that the Policy Decision in question was elaborating Regln. 23(e)---Constitutional petition was allowed and the Commission was directed to associate the petitioner in the remaining part of the recruitment process.

ANAM BIBI vs SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION, LAHORE S — 2023 PLC(CS) 1552 LAHORE-HIGH-COURT-LAHORE

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