Ms. FIRDOS NOOR MALIK vs PROVINCE OF SINDH through Secretary Education and Literacy Department Sindh Secretari

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Ms. FIRDOS NOOR MALIK VS PROVINCE OF SINDH through Secretary Education and Literacy Department Sindh Secretariat, Karachi appointment---Teachers Recruitment Policy on Union Council basis---Petitioner qualified the test and obtained first position amongst female candidates---Petitioner was not considered for appointment on the ground that she did not approach the office of the respondents to submit her required documents, because she did not possess her domicile and Permanent Residence Certificate (PRC) Form-D within cutoff date or time as set forth in the advertisement---Validity---Domicile certificate was issued to petitioner much before the cutoff date, which showed that the petitioner was a resident of the concerned area, thus, mere submission of PRC a little bit late could not debar her from considering her case for appointment, for the reason that certificate of domicile is issued under the Pakistan Citizenship act, 1951 read with the Pakistan Citizenship Rules, 1952; a PRC in Sindh is issued under the Sindh Permanent Residence Certificate Rules, 1971, and to obtain the job, the candidate would require PRC, which showed his/her place of residence as Sindh, which might at best be a piece of evidence in considering his/her eligibility for the aforesaid purposes, thus, decision of respondents was erroneous and not sustainable under the law---Government has the domain to frame policy of appointment and also provide qualification for appointment against a particular post, and thus, appointment against such post through initial appointment or otherwise cannot be claimed without fulfillment of criteria and the requisite qualifications as provided under the Recruitment Rules, however, the case of petitioner was quite different as she had already been declared successful candidate in written test and interview for the requisite post, but her appointment had been withheld on the premise that she did not submit her PRC within cut-off---Constitutional petition was disposed of, in circumstances.

Ms. FIRDOS NOOR MALIK vs PROVINCE OF SINDH through Secretary Education and Literacy Department Sindh Secretariat, Karachi appointment — 2025 PLC(CS) 42 KARACHI-HIGH-COURT-SINDH

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