Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Prayer for giving directions to Government to frame law or policy regarding medical fitness, and retirement age of public representatives and executives---Validity---Such petition was based on factual controversy, medical assumption and presumption, which could not be determined under constitutional jurisdiction of High Court---Petitioner had not challenged any order or raised any point of law for determination---Petitioner had not alleged violation of fundamental rights in such petition---Legislature had exclusive jurisdiction to legislate, amend and/or strike down any law---Government had exclusive authority to frame policies according to their priorities and requirements in accordance with the Constitution---Duty of superior court would be to interpret such laws and policies, but not to enact laws or challenge wisdom of legislature in making a particular law, if same made competently without transgressing constitutional limitations---High Court dismissed such petition in circumstances. The State v. Zia-ur-Rehman and others PLD 1973 SC 49 and Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265 rel. ORDER TUFAIL H. EBRAHIM, J.---The petitioner claims to be the Chairman of Sindh Doctors Ethad and has filed this Constitutional Petition seeking following prayers:-- (1) That this Court may be pleased to give direction to the respondent A No.2 to amend policy regarding the age limitation for the public representatives/public servants. (2) That to declare medical fitness compulsory for the politicians, public representatives public servants and leaders of the people as it is compulsory for the common civil servants. (3) That to declare the maximum age and retirement age of politicians, public representatives/public servants should be same. (4) That a medical board may be constituted to determine the physical fitness of all those public servants who exceed 60 years. (5) That the Court may be pleased to pass injunction directing the respondents Nos.1, 2, 3, 4 and 5 to declare medical fitness compulsory for the politicians and bureaucrats immediately stop them from…

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