Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------Rr. 19, 29, 22 & 3---Constitution of Pakistan, Arts.199 & 25---Constitutional petition---Civil Service---Appointment on basis of domicile---Appointment on ad hoc basis---Petitioner impugned rejection of her application for the post of Professor on ground that petitioner was domicile of Islamabad which was Federal Territory, and only those domiciled in the Province could apply for the said post---Petitioner also impugned appointment made to said post on ad hoc basis---Contention of petitioner inter alia was that she had been a regular employee of the Province for 21 years and to restrict candidates domiciled outside the Province was discriminatory under Art.25 of the Constitution---Validity---Advertisement for recruitment to said post prescribed condition of domicile of the Province under head of "Qualification" and admittedly petitioner was a domicile of Federal territory---Under Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 appointment to the post could be made by promotion, transfer or initial recruitment---Vacancies could be filled with persons domiciled in the Province of Punjab in accordance with merit and ad hoc appointments may be made under strict compulsions---Contention that the petitioner was already in service of the Provincial Government, therefore, the condition of being domiciled in Punjab was required to be dispensed with; was to be repelled by the fact that advertisement did not prescribe any such concession or embargo to a government servant such as the petitioner---Retention of domicile was the right of an individual but so was its change depending on priorities and it was mandatory for candidate to have domicile of the Province of Punjab and therefore, the Provincial Government was within its right to prescribe any criteria permissible under law---Provincial Government, if it considers its own domicile holders (inhabitants) for regular vacancies, does not infringe the Constitutional rights of the inhabitants of the Federal territory---High Court directed that letter of petitioner addressed to the Authorities was to be decided…

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