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The Supreme Court of Pakistan has issued an important decision for married women working in government jobs, allowing them to change their domicile without affecting their chances of promotion.
The verdict came in a case filed by Dr. Shumaila Naeem, a gold medalist and government doctor, who initially joined service on a Khyber Pakhtunkhwa (KP) domicile. After marrying a man from Balochistan, she legally changed her domicile to Balochistan and applied for the post of Associate Professor (Gynecology) at PIMS, Islamabad.
Although Dr. Shumaila topped the written test conducted by the Federal Public Service Commission (FPSC), she was not called for the interview. FPSC claimed her original domicile was KP, making her ineligible under the Balochistan quota.
She challenged this decision in the Islamabad High Court, which ruled in her favor earlier this year. However, the FPSC appealed to the Supreme Court.
According to the Dawn news, Dr. Shumaila alleged that both her departmental request and review appeal were rejected by FPSC. However, her appeal was heard under Section 7 (3) (d) of the FPSC Ordinance 1977 by the Islamabad High Court, where Chief Justice Aamer Farooq accepted it on January 28, 2025. FPSC, instead of implementing the order, appealed to the Supreme Court.
Dr. Shumaila specified that the Supreme Court affirmed a married woman’s legal right to either retain her original domicile or adopt her husband’s. The court held that the petitioner had voluntarily adopted her husband’s domicile, which is legally valid. It dismissed the FPSC’s stance.
A two-member bench of the Supreme Court, comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, upheld her right to adopt her husband’s domicile. The court also ruled that the new domicile is valid and will not affect provincial quotas. It directed that Dr. Shumaila’s application be considered for the vacant Associate Professor post within two weeks.
Dr. Shumaila said the decision will help many women who had to work away from their families due to domicile issues. The ruling sets a new legal practice, giving women the freedom to live and work with their spouses without risking their career growth.
