Mst. Shabnam Vs Govt.

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT, MINGORA

BENCH

(DAR-UL-QAZA), SWAT

(Judicial Department)

W.P. No. 312-M of 2014.

JUDGMENT

Date of hearing: 3-10-2014.

Petitioner: ( Mst. Shabnam) by Mr. Syed Abdul Haq, Advocate.

Respondent: ( Govt of Khyber Pakhtunkhwa & others) by Mr. Hafiz bakht Amin, Advocate & Mr. Sabir Shah

AAG

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 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 & Secondary Education District Dir Lower Nawab Steno

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 03.05.2014 vide office order No. 1057-59 alongwith 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 05.05.2014 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 alongwith 0945-9250083, dated 19.05.2014 consequent upon the recommendation of the Appellate Committee/Scrutinizing Nawab Steno

Committee, on appeal, in the light of result through NTS and given selection criterion, order dated 05.05.2014 held in abeyance was revised on certain terms and conditions, whereby Balqees Bibi, has been substituted by Farrukh D/O Mohammad Raziq respondent No. 05 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 Adhoc School based appointments from the inhabitants of District Dir Lower under given selection criteria, is misplaced for the reason that she though she admittedly resident of District Swat has married to one Mohammad Nawab Steno

Fayaz s/o Mohammad Akbar resident of village Bagh Durshkhel Tehsil Timergara District Dir Lower, on 18.04.2010 much prior to her appointment as per marriage registration certificate, issued on 30.04.2014. 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 alongwith her husband, at Dushkhel where the spouses are residing since then and as she became the bonfide 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 fallow for convenience;

Section16. 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 Nawab Steno

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.

Announced.

Dt: 3-10-2014. JUDGE

JUDGE

Nawab Steno