Law: Pakistan Citizenship Act, 1951

Section: 17

Law: Pakistan Citizenship Rules, 1952

Section: 23

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Citizenship Act (II of 1951) S. 17---Domicile---Determining factors---Considerations---Certificate of domicile--- Domicile of father does not govern domicile of child---Where Federal Government is satisfied that any person has ordinarily resided for a period not less than one year immediately before making application and has acquired a domicile therein, such person may be granted a certificate of domicile under the provision of S.17 of Pakistan Citizenship Act, 1951-- Domicile of father, under the provision of S.17 of Pakistan Citizenship Act, 1951, does not govern the domicile of his child. (b) Pakistan Citizenship Rules, 1952 R. 23---Notification, Establishment Division O.M. No.2/2/67-Dv. dated 26-8-1968--- Constitution of Pakistan (1973), Art.199---Constitutional petition---Certificate of domicile---Treating of domicile of father of petitioner as his domicile Petitioner on the basis of his domicile of place "R" was appointed as Experimental Officer---Petitioner's appointment for next higher post was not considered by the Authority for the reason that the domicile of the father of the petitioner was of place "Q" in other Province and while following the institutions contained in Establishment Division O.M. No. 2/2/67-Dv, dated 26-8-1968, the domicile of the petitioner had been corrected in the seniority list and as such the petitioner could not apply for the post against Punjab quota---Validity---Where there was no allegation that the certificate of domicile was wrongly issued to the petitioner, presumption would be that the certificate had been issued after complying with the conditions contained in R.23 of Pakistan Citizenship Rules, 1952-- Petitioner was admittedly born at place "R", he completed his studies there, he was appointed and was performing his duties at place "R" but he was being debarred from applying for a post against Punjab quota for the reason that the father of the petitioner happened to have acquired domicile in a different Province---Act of the Authority denying opportunity to the petitioner for being appointed to the post against Punjab quota was without lawful authority and…