Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Appointment---Withdrawal of appointment---Petitioners were appointed as P.T.C. teachers on the recommendation of Departmental Selection Committee in the laid down manner on merits---Petitioners were allowed to assume charge of their posts at the respective places after initial verification of testimonials, including domicile certificates from concerned quarters---During the course of performing duties, Authority without any show-cause notice to petitioners or giving them any opportunity of hearing, withdrew their appointment orders on the pretext that they were holding domiciles of category "B"---Validity---Petitioners, .right from their forefathers and by birth, were the permanent residents of "Mohmand Agency" having permanent abode there and that fact could not be refuted by the Authorities in any manner---Petitioners along with their applications for the post of P.T.C. teachers had also submitted their original domiciles of category "A" issued by the relevant office---No objection was raised about the authenticity and genuineness of said certificates, which were accepted as valid holding petitioners permanently domiciled in "Mohmand Agency" right from the time of their forefathers---Tribal domicile certificates were to be issued only to eligible tribesmen who were permanently residents of that area, no reference was found to category "A" or category "B" in the domicile certificate---Political Agents at their whim, in addition without any lawful authority had imposed further conditions categorizing the domicile certificate into "A", "B", "C"---Such additional conditions were in disregard of law and rules on the subject---Once such certificate was issued, in due course to tribesman permanently settled in any Tribal Agency, it would remain intact, unless its holder decided to settle in another place with clear intention not to return to the place of his birth or origin---Impugned action taken by Authorities cancelling/recalling the domicile certificates of petitioners on fallacious ground and then recalling their appointment orders, without giving them opportunity of…

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