Case Details

Citation(s)
2025 SLG 560 2025 SLD 560 = 2025 MLD 36
Peshawar High Court
Writ Petitions Nos. 495-B of 2021 and 3274-P of 2022, decided on 2nd May, 2024.
Before Ijaz Anwar and Wiqar Ahmad, JJ
Inayat Ullah for the Petitioner. Shah Faisal Utmankhel, Advocate General for Official
Respondents of Government of Khyber Pakhtunkhwa. Mohammad Asif Yousafzai for
Respondent No. 5 (CEO, PGMI Peshawar).

Dr. MUATHER GUL---Petitioner

VERSUS

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health and others---Respondents

Law: Succession Act, 1925

Section: XXXIX,15,16

Law: Constitution of Pakistan, 1973

Section: 199,27(2)(1)

Law: General Clauses Act, 1897

Section: 21

Succession Act (XXXIX of 1925)-------Ss.15 & 16---Constitution of Pakistan, Arts.199 & 27(2)(1)---Admission for fellowship training to enroll doctors for FCPS Part-II training in various specialties of affiliated public sector hospitals---Policy requiring married women to follow their husband's domicile---Constitutionality---Exclusion from purview of Art. 27 of the Constitution---Consistency of policy with the principles enunciated in Succession Act, 1925---Provincial autonomy---Contention of the petitioner was that since she had joined the training, therefore, the same could not be terminated--Validity---Provinces have exclusive jurisdiction over devolved subjects, including health and can impose conditions like domicile or residence for appointments in these areas---Policy of Medical institution in question i.e., PGMI regarding domicile of married women was not hit by Art.27(2) of the Constitution, as it was excluded from its purview---Policy was consistent with the principles enshrined in Ss.15 & 16 of the Succession Act, 1925---Order obtained through concealment of facts could be rescinded under S.21 of the General Clauses Act and the authority granting the order was not barred from taking corrective action---Policy of PGMI requiring married women to follow their husband's domicile was rational, logical, and reasonable---Constitutional petition was dismissed, in circumstances.Inspector General of Police Quetta and another v. Fida Muhammad and others 2022 SCMR 1583; Province of Punjab through Executive District Officer (Education) Rawalpindi and another v. Ruqia Islam 2020 SCMR 490 and Amna Rehman and others v. Deputy District Education Officer (W) Elementary and others 2002 PLC (C. S) 1080 ref.Shabnam v. Government of Khyber Pakhtunkhwa through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa and 4 others 2015 PLC (C.S) 1111; Mst. Najam Un Nisa v. Government of Khyber Pakhtunkhwa through Secretary Education Khyber Pahtunkhwa 2021 PLC (C.S) 434; Mst. Fareeda Noor v.Mehar Muhammad Nawaz Sial and another 2005 CLC 669; Dr. Mst. Munawar Zaheen v. The Secretary Punjab Public Service Commission, Lahore and 2 others PLD 1974 Lahore 36 and…
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