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FEDERAL PUBLIC SERVICE COMMISSION, through Chairman, Islamabad vs Dr — 2026 PLD 1 SUPREME-COURT

Case information

Citation
2026 PLD 1 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
FEDERAL PUBLIC SERVICE COMMISSION, through Chairman, Islamabad vs Dr
Subject matter
Criminal
Provisions referred to
S. 7; S. 17---S; Pakistan Citizenship Act (II of 1951); Succession Act (XXXIX of 1925); Succession Act; Pakistan Citizenship 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

FEDERAL PUBLIC SERVICE COMMISSION, through Chairman, Islamabad VS Dr. SHUMAILA NAEEM S. 7(3)(d)---Pakistan Citizenship Act (II of 1951), S. 17---Succession Act (XXXIX of 1925), Part-II---Civil Service Regulations, Vol-I, R. 310-A, Schedule---Domicile after marriage---Scope---Authorities were aggrieved of acceptance of candidature of respondent for post in question on the basis of domicile of her husband---Validity---Theories of domicile span several disciplines -- law, human geography, and residential mobility, each highlighting how one's place of habitual residence affects jurisdiction, migration patterns, and settlement dynamics---Domicile must always be interpreted in light of underlying purpose it is meant to serve---In Pakistan, concept of domicile is recognized in Part II of Succession Act, 1925 and section 17 of Pakistan Citizenship Act, 1951 and Schedule to Rule 310-A of Civil Service Regulations, Volume I---Such provisions acknowledge changes of domicile through dependence, voluntary relocation, choice, or marriage---Procedural framework for obtaining, modifying, renewing, or cancelling domicile is outlined in the Pakistan Citizenship Rules, 1952---For civil servants, the applicable domicile regime is set out in the Schedule to Rule 310-A of Civil Service Regulation, Volume I, which explicitly recognizes change of domicile through marriage and other modes, and affirms that the domicile of a married woman ordinarily follows that of her husband---Supreme Court set aside orders of FPSC whereby respondent's candidature was rejected---Supreme Court directed FPSC to consider the case of respondent for appointment for post in question as the same was lying vacant, on the basis of her Balochistan domicile strictly in accordance with law and after complying with all codal formalities---Appeal was dismissed.

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