| Citation(s) |
|---|
| 2007 SLG 3400 2007 SLD 3400 2007 PLJ 803 |
Supreme Court of Pakistan
C.A. Nos. 2227 of 2005 & 1629 of 2006, decided on 23.1.2007.
IFTIKHAR MUHAMMAD CHAUHDRY, C.J.,
Mr. Muhammad Arif Raja, ASC for Appellant (in CA 2227/05). Mr. Farooq Amjad Meer, ASC for Appellant (in C.A. 1629 of 2006). Mr. Nasir Saeed Sheikh, DAG for
Respondents.
C.A. Nos. 2227 of 2005 & 1629 of 2006, decided on 23.1.2007.
IFTIKHAR MUHAMMAD CHAUHDRY, C.J.,
Mr. Muhammad Arif Raja, ASC for Appellant (in CA 2227/05). Mr. Farooq Amjad Meer, ASC for Appellant (in C.A. 1629 of 2006). Mr. Nasir Saeed Sheikh, DAG for
Respondents.
MUHAMMAD SHAKOOR and another--Appellants
VS
FEDERAL PUBLIC SERVICE COMMISSION and others--Respondents
Law:
Section:
Competitive Examination-- ----Statutory rules--Purpose of--Framing of rules--Equal opportunity--Object--Equity to candidates--Principle--Statutory rules for the purpose of CSS examination are framed to provide equal opportunity to all the candidates who are contesting from the various places of the Territory of Pakistan as well as from AJK. [P. 807] A Central Superior Examination Rules, 1999-- ----R. 6(iii)(i)--Domicile certificate--No substitution to enjoy better fruit--Principle--A person who entered into a Govt. service on the basis of any domicile certificate would not be allowed to change his domicile certificate in the future service--Held: Once a person had expressed his intention to be a domicile of a particular area he cannot change his place of domicile certificate subsequently for the purpose of getting better benefits. [P. 807] B & C 1980 SCMR 456; Order Iftikhar Muhammad Chaudhry, CJ.--Listed appeals are by the leave of the Court. Leave granting order from one of the appeals (CA 2227/05) is reproduced herein below: "After hearing the learned counsel for the petitioner as well as the learned Deputy Attorney General for Pakistan, we grant leave to appeal to consider as to which of the clauses of Rule 6 of the Rules for Competitive Examination, 1996, were attracted to the facts and circumstances of the case." 2. Facts of both the cases are reproduced as follows from the impugned judgments in W.Ps. 19477/2000 and 24015/2000 : W.P. No. 24015 of 2000 The petitioner claims to be a subject/national of State of Jammu and Kashmir and a permanent resident of Azad Jammu & Kashmir and a permanent resident of Azad Jammu & Kashmir. He appeared in the Central Superior Services (herinafter referred to as CSS) Examination held in 1993 claiming himself to be a subject of Jammu & Kashmir State but could not qualify the said examination. He however, appeared in the Provincial Civil Service competitive examination of the Punjab held in 1994 on the strength of his domicile of Punjab held in 1994 on the strength of his domicile of Punjab, was selected and joined as Extra Assistant Commissioner in 1995. He again appeared in the C.S.S. Examination of 1999…
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