Law: Competitive Examinations Rules, 2010

Section: 7(v),18

Law: Competitive Examinations Rules, 2010

Section: 7(v),18

Law: Pakistan Citizenship Act, 1951

Section: 17

Competitive Examinations Rules, 2010-------Rr. 7(v) & 18---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner appeared in the written examination of Central Superior Services (CSS), and cleared the same---Process of verification of documents of the petitioner, revealed that domicile certificate and permanent resident certificate submitted by the petitioner at the time of applying for the examination were bogus---After issuing the petitioner the show-cause notice, she was disqualified for competitive examination and was debarred from employment under Government---No authentic proof was available to establish that decision taken on the proceedings commenced from show-cause notice was communicated to the petitioner---Bona fide of the petitioner was evident from the aspect that she herself approached the respondent authorities concerned for holding of an inquiry regarding issuance of domicile certificate and permanent resident certificate---Deputy Commissioner, on inquiry, issued direction of fresh domicile and permanent resident certificate to the petitioner---No mens rea existed on the part of the petitioner, her career was required to be protected, if she otherwise had qualified---Order disqualifying the petitioner for competitive examination and debarring her from employment under Government, was set aside, with direction to the authorities to take into consideration, the inquiry report of domicile issuing authority and issuance of permanent resident certificate and domicile to the petitioner and pass a fresh order in accordance with law. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.--- Brief facts glean out from the petition are that, petitioner appeared in the Central Superior Services (CSS) Written Examination in the year 2010, and cleared the same. During the process of verification of documents it transpired that domicile certificate dated 22nd December, 2009 and permanent resident certificate dated 23-12-2009 submitted at the time of applying for CSS examination were bogus. Resultantly, respondent No.2 (Director Competitive Examination, FPSC) issued show-cause notice dated 3rd May, 2011. The petitioner was also called upon to appear for…

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