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Petitioner: SHABNAM VS Respondent: GOVERNMENT OF KHYBER PAKHTUNKHWAHonorable Justice Abdul Latif KhanSyed Abdul Haq,Hafiz Bakht Amin and Sabir Shah
2015 P L C (C.S.) 1111
[Peshawar High Court]
Before Abdul Latif Khan and Lal Jan Khattak, JJ
SHABNAM
versus
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa and 4 others
W.P.No.312-M of 2014, decided on 3rd October, 2014.
(a) Constitution of Pakistan---
-----Art. 199---Succession Act (XXXIX of 1925), Ss.15 & 16---Constitutional petition---Civil service---Advertisement for the post of P.S.T.(BPS-12)---Contention of petitioner was that respondent hailed from place "X" and she was not entitled to be appointed at place "Y" and she being resident of such place was entitled to be appointed at place "Y"---Validity---Respondent though resident of place "X" had married to a person who was resident of place "Y" prior to her appointment---CNIC of respondent had been issued wherein her temporary and permanent address had been mentioned along with her husband at place "Y" where the spouses were residing---Respondent had become the bona fide resident of place "Y" on account of her marriage---Domicile of wife during marriage would follow the domicile of her husband automatically---Woman would acquire by marriage the domicile of her husband---Respondent had been appointed rightly leaving no room for petitioner and petitioner had no locus standi to assail the same---Constitutional petition was dismissed, in circumstances.
(b) Succession Act (XXXIX of 1925)---
----S. 16---Wife's domicile during marriage---Scope---Domicile of wife during marriage would follow the domicile of her husband.
Syed Abdul Haq for Petitioner.
Hafiz Bakht Amin and Sabir Shah, A.A.-G. for Respondents.
Date of hearing: 3rd October, 2014.
JUDGMENT
ABDUL LATIF KHAN, J.--- The petitioner, seeks the annulment of impugned order dated 19-5-2014 and further prayed that she be appointed in Union Council Duskhel, Kota, District Dir Lower on the basis of high marks, according to merit list.
2. Arguments heard and record perused.
3. A perusal of record reveals that respondents/District Education Officer Male/Female Elementary and Secondary Education District Dir Lower advertised the posts of P.S.T. BPS-12 as per terms and conditions mentioned therein. The candidate appeared in NTS exam and petitioner obtained 36 marks and her aggregate marks under given criteria come out to 83.45.
4. The petitioner was meritorious than one Balqees Bibi, who had total 81 Marks at her credit, was appointed as on Union Council Basis in Union Council Bagh Durshkhel, in G.G.P.S. Utala Durshkhel on 3-5-2014 vide office order No.1057-59 along with Phone No.0945-9250083. Her appointment was assailed by the petitioner through an appeal before competent authority, resulting into an order No.1126/28 passed on 5-5-2014 by dint of which her order of appointment was held in abeyance till further order.
5. Later on inside another office order No.1375-78 along with 0945-9250083, dated 19-5-2014 consequent upon the recommendation of the Appellate Committee/Scrutinizing Committee, on appeal, in the light of result through NTS and given selection criterion, order dated 5-5-2014 held in abeyance was revised on certain terms and conditions, whereby Balqees Bibi, has been substituted by Farrukh D/O Mohammad Raziq respondent No.5 resident of village Durshkhel U/C Durshkhel, who has appointed and posted in GGPS Utala Durshkhel on the ground of being meritorious having obtained over all 98.39 marks as per given criteria.
6. The plea of the petitioner that though respondent No.5 has obtained higher marks than petitioner however, not entitled for appointment on the ground that she hails from Swat and not from U/C Durshkhel and, as such, her appointment has to be made on Union Council Basis on Ad hoc School based appointments from the inhabitants of District Dir Lower under given selection criteria, is misplaced for the reason that though she admittedly resident of District Swat has married to one Muhammad Fayaz s/o Muhammad Akbar resident of village Bagh Durshkhel Tehsil Timergara District Dir Lower, on 18-4-2010 much prior to her appointment as per marriage registration certificate, issued on 30-4-2014. Moreover her NIC No.15602-4254644-8 as wife of Said Muhammad Fayaz has also been issued, wherein her temporary and permanent address has been mentioned along with her husband, at Dushkhel where the spouses are residing since then and as she became the bona fide resident of Dushkhel on account of her marriage section 16 of Succession Act, 1925 provides that domicile of wife during marriage follows the domicile of her husband which is given as follow for convenience;
Section 16. Wife's domicile during marriage A wife's domicile during her marriage follows the domicile of her husband.
7. A look of the referred provision of law leads to conclusion that domicile of wife during marriage follows the domicile of husband automatically and for this purpose section 15 of the Act ibid has also provided in clear terms that by marriage a woman acquires the domicile of her husband. The revised order substituting Balqees Bibi by the respondent No.5, Farrukh has been passed in line with law and has been appointed rightly, leaving no room for petitioner to question the same who has no "locus standi" to assail it.
For the aforementioned reason the instant petition being without is hereby dismissed.
ZC/22/P Petition dismissed.