Dr. Muather Gul vs Government of Khyber Pakhtunkhwa Ss — 2025 MLD 36 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 MLD 36 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Dr. Muather Gul vs Government of Khyber Pakhtunkhwa Ss
Subject matter: Constitutional
Provisions referred to: S. 21; Succession Act; General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. Muather Gul VS Government of Khyber Pakhtunkhwa Ss.15 & 16---Constitution of Pakistan, Arts.199 & 27(2)(1)---Admission for fellowship training to enroll doctors for FCPS Part-II training in various specialties of affiliated public sector hospitals---Policy requiring married women to follow their husband's domicile---Constitutionality---Exclusion from purview of Art. 27 of the Constitution---Consistency of policy with the principles enunciated in Succession Act, 1925---Provincial autonomy---Contention of the petitioner was that since she had joined the training, therefore, the same could not be terminated---Validity---Provinces have exclusive jurisdiction over devolved subjects, including health and can impose conditions like domicile or residence for appointments in these areas---Policy of Medical institution in question i.e., PGMI regarding domicile of married women was not hit by Art.27(2) of the Constitution, as it was excluded from its purview---Policy was consistent with the principles enshrined in Ss.15 & 16 of the Succession Act, 1925---Order obtained through concealment of facts could be rescinded under S.21 of the General Clauses Act and the authority granting the order was not barred from taking corrective action---Policy of PGMI requiring married women to follow their husband's domicile was rational, logical, and reasonable---Constitutional petition was dismissed, in circumstances.

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