Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Vacant post of permanent lambardar--Recommendation for appointment as lambardar--Rule of primogeniture not sole ground for appointment--Constitutional jurisdiction cannot substitute--Revenue Courts are not open to exception in writ jurisdiction--Allegations of being defaulter and landless--After fulfilling codal formalities respondent was appointed as lambardar--Appeals and review petitions were filed in revenue, hierarchy against appointment of lambardar failed which is now under assail in Constitutional petition--Grounds that principle of primogeniture was in force when cause of action accrued in favour of petitioner and thus he was entitled for the appointment on such score and that petitioner is more suitable than respondent to be appointed as lambardar--Consideration for such appointment, which has of course to be made on merit and blood relationship or descent cannot be made basis for claiming preference in the matter of appointment--Allegations of being defaulter remained uncontroverted before forums below--High Court in exercise of constitutional jurisdiction cannot substitute its own preferences with preferences of the competent fora unless it is shown that decisions made by competent authorities suffered from any jurisdictional defect or any illegality--Revenue Courts are not open to exception in writ jurisdiction--Petition was dismissed. 2007 SCMR 287 ref. THIS ORDER PASSED BY: ARSHAD MAHMOOD, JUSTICE---.--- Post of Lambardar in Chak No. 163/WB Tehsil and District Vehari fell vacant upon demise of permanent Lambardar namely Manik Khan who was father of the petitioner. Tehsildar invited applications through proclamation to fill in the vacancy. Through application dated 03.08.1999, petitioner entered into arena along with 21 other candidates. On 17.12.1999 petitioner was recommended for his appointment as Lambardar whereas nothing was reported in respect of other candidates. The report was returned to the Tehsildar Vehari on 28.12.1999 for submission of a detailed report after providing opportunity of being heard to all the applicants and through fresh process Respondent No. 5 was…

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