| Case ID |
43e1c883-48be-41c7-9a19-85f87526fb61 |
| Body |
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| Case Number |
Writ Petition No.254 of 2006 |
| Decision Date |
Oct 11, 2006 |
| Hearing Date |
Oct 11, 2006 |
| Decision |
The Peshawar High Court ruled in favor of the petitioners, Zahir Shah and others, stating that their appointments as P.T.C. teachers were valid and made on the basis of domicile certificates of category 'A'. The court found that the respondents had acted without jurisdiction and in violation of the principles of natural justice by withdrawing the petitioners' appointment orders without any proper inquiry or notice. The court ordered the reinstatement of the petitioners and the restoration of their domicile certificates, emphasizing that the classification of domicile certificates into categories 'A', 'B', and 'C' by the Political Agents was arbitrary and without legal backing. |
| Summary |
In the landmark case of Writ Petition No.254 of 2006, the Peshawar High Court addressed the issue of domicile and civil service appointments in Mohmand Agency. The petitioners, Zahir Shah and others, challenged the arbitrary withdrawal of their appointment orders as P.T.C. teachers based on questionable categorization of their domicile certificates. The court highlighted the importance of natural justice and legal principles governing domicile issuance. It ruled that the petitioners were permanent residents of Mohmand Agency and that their domicile certificates of category 'A' were valid. The decision reinforced the legal standing of domicile rights and the necessity for authorities to adhere to established laws when making administrative decisions. Key legal frameworks involved included the Constitution of Pakistan, the Pakistan Citizenship Act, and relevant rules. This case serves as a critical reference for future disputes concerning domicile rights and civil service appointments, illustrating the judiciary's role in safeguarding individual rights against arbitrary state actions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
DOST MUHAMMAD KHAN
|
| Lawyers |
Khalid Rehman Khan,
Nizar Muhammad Khan
|
| Petitioners |
ZAHIR SHAH,
1 other
|
| Respondents |
3 others,
AGENCY EDUCATION OFFICER, MOHMAND AGENCY GHALLANAI
|
| Citations |
2007 SLD 2064 = 2007 PLC 856
|
| Other Citations |
Government of Balochistan and others v. Rifat Parveen 1981 SCMR 1002,
Joshni v. M.B. State AIR 1955 SC 234
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan Citizenship Act (II of 1951),
Pakistan Citizenship Rules, 1952
|
| Sections |
199,
17,
23
|