Law:

Section:

Instructors and Doctors) Regulatory Act (XII of 2011)--- ---S.3---Succession Act (XXXIX of 1925), Ss.9, 13 , 14---Pakistan Citizenship Rules, 1952, R.23---Appointment against the posts of Primary School Teacher---Domicile of the candidate, determination of---Contention of the petitioner-candidate was that the respondent-candidates had secured appointment (as Primary School Teacher) by wrongly obtaining domicile of the district where the post existed---Held, that posts of Primary School Teacher were district-wise posts under S.3 of Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011 (‘the 2011 Act’), which (posts) were required to be filled from candidates belonging to the Union Councils where the posts existed ---If an eligible candidate was not available in a Union Council then appointment could be made from adjacent Union Council and person from other district could not be appointed on the post of Primary School Teacher---In order to ensure that the residents of concerned Union Council were to be appointed on such post, Legislature had further particularized that permanent address of candidates of concerned Union Council was required to be mentioned in their Computerized National Identification Card (CNIC) and Domicile Certificate---Domicile was taken as one testimonial that the person was permanently resident of the district where he had applied for appointment while another such testimonial was CNIC had not raised objection regarding CNICs of the respondents which (CNICs) showed the permanent addresses of both as the district where the post-in-question pertained (though temporary address of one respondent was mentioned of some other district)---Main purpose of obtaining domicile was not establishing an entitlement to the job but such purpose was made one of the touchstones for determining one’s entitlement for job of Primary School Teacher under S.3 of the 2011 Act ---Issuance of a domicile had not been a permanent feature to the effect that a person, obtaining it once, had to carry the same till his death---Sections 13 , 14 of the Succession Act, 1925, stipulated that an…

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