Dr. Fouzia v. Government of Balochistan through its Chief Secretary and others

Case summary

The judgment in brief

The Federal Constitutional Court held that eligible serving civil servants in Balochistan receive the five-year upper-age relaxation under Rule 4(1)(ii) automatically and may choose the most beneficial single category under Rule 4(6).

Question of law

The legal question

Whether the general upper-age limit notified on 5 August 2025 could be applied in isolation to reject a serving civil servant who independently qualified for the automatic five-year relaxation under Rule 4(1)(ii), read with the beneficial-category election in Rule 4(6) of the Rules of 2012.

Court holding

What the Court decided

No. Rule 4(1)(ii) automatically grants an eligible serving civil servant five years' upper-age relaxation without a separate discretionary approval. Rule 4(6) permits a candidate qualifying under more than one category to elect the most beneficial single category. The notification did not repeal or supersede those rules and had to be read harmoniously with them.

Result

Outcome and directions

The petition was converted into an appeal and allowed. The respondents were directed to entertain Dr. Fouzia's applications and permit her to participate in the examinations or tests for the four posts applied for.

Practical effect

What the decision means in practice

The petition was converted into an appeal and allowed. The respondents were directed to entertain Dr. Fouzia's applications and permit her to participate in the examinations or tests for the four posts applied for.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.