Muhammad Younis Thaheem, J.--Through this judgment we propose to decide the instant writ petition filed by the petitioner under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for following relief: "It is therefore, respectfully prayed that on acceptance of this writ petition, the appointment of Respondents No, 4-7 through impugned Notification dated 02.05.2016 may kindly be declared as illegal, without lawful jurisdiction, without lawful authority, for ulterior motives and politically motivated. The respondents may kindly be directed to appoint the petitioner against the post of Primary School Teacher (PST) being eligible and permanent resident of the same Union Council."
2. Brief facts of the case are that petitioner in response to the advertisement published in the daily newspaper "Mashriq" by Respondent No, 3/District Education Officer (Female), Mardan, by considering herself eligible, applied for the said post of Primary School Teacher for Rural Mardan.
Afterward participated in test and interview and scored 79.37 marks in NTS test, belonging' to union council Rural Mardan but she was not selected/appointed by the Departmental Selection Committee on the ground that her permanent address written in her CNIC, do not tally the same union council i,e, Rural Mardan while her permanent address in CNIC has been shown as Mohallah Ramwara, Lowand Khawar, Tehsil Takht Bhai District Mardan so instead of lower in merit the Respondents No, 5, 6 & 7 were appointed on the said post allocated to union council Rural Mardan vide impugned appointment notification bearing Endst: No, 3926-G Pry: Branch dated 02.05.2016 issued by the Respondent No, 3 while total number of posts for Rural Mardan were 14. Other candidates Mst. Rabia Noreen who scored 79.24 marks, Mst. Fatima-tu-Zuhra obtained 78.29 marks and Mst. Rana Begum scored 77.01 marks belonging to same union council Rural Mardan but even lower in merit than petitioner were appointed.
3.Comments were called from respondents who in their comments stated that the appointment notification was made according to rural Mardan and it was one of the important condition that those candidates who have the requisite domicile of concerned union council for which posts were advertised would be eligible and appointed, so, when the record of the petitioner was scrutinized by Departmental Selection. Committee it was found that the petitioner is not permanent resident of Union Council Rural Mardan as per her CNIC, therefore, was not appointed despite the fact that she was higher in merit than the aforesaid appointed candidates.
4.Arguments heard. Record perused.
5.From the perusal of record it reveals that the address on domicile certificate issued by the Deputy Commissioner in the year 2003 has been mentioned as Aurang Abad Mirwas Killi Tehsil & District Mardan duly verified by union councilor rural Mardan. Similarly vide same appointment notification dated 02.05.2016 the other sister of petitioner Mst. Asma D/O Aftab Khan who scored 120.86 marks belonging to same union council i,e, Rural Mardan has been appointed. In this respect similar nature of question arose in "WP No, .3253-P/2016 titled Sana-ur-Rehman vs. Secretary Secondary & Elementary Education, Govt. of Khyber Pakhtunkhwa and others" and this Court elaborately resolved this controversy as to whether address given in computerized National Identity Card would determine the domicile of the candidate or domicile so in referred judgment, it was held as below: "NIC always indicates two different places of dwelling of a person i,e, permanent address and temporary dwelling place while term domicile denotes a fix permanent residence of a person, therefore, any address mentioned in the NIC would not bring any change in permanent residence disclosed by a person in domicile certificate."
Thus according to cited judgment the domicile was given sanctity and preference over the address given in CNIC, so same is the case of petitioner, present address in her CNIC is the same as of domicile while in column of her permanent address it is mentioned different address to her domicile. Similarly the petitioner has also annexed Mutation No, 13470 attested on 17.05.1992 vide which same agriculture land measuring 15 Marla has been transferred in name of her mother pertaining to Mouza Mardan Tehsil Mardan.
6. Moreover, some posts of the Primary School Teacher are still vacant. The Departmental Selection Committee while deciding the matter of her domicile had failed to appreciate the particulars other addresses given in the CNIC, domicile and other relevant material due to which petitioner despite having high score on merits was deprived of her accrued right vide impugned appointment notification which is contrary to record, thus is without lawful authority, so impugned notification to the extent of petitioner is set aside and respondents are directed to modify the same by appointing her according to her merit position in the union council Rural Mardan.
7.Thus, in view of above discussion, we allow this petition, direct the respondents to appoint the petitioner on the post of Primary School Teacher (PST) at union council Rural Mardan in any school near to her home within 15 days of receipt of this order. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.