Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment to advertised post---Eligibility---Advertisement was published for posts of Primary School Teacher for applicants belonging to specified union council---Petitioner, claiming to be resident of said union council applied for the post and successfully passed the assessment test but was refused an offer letter by the Education Department (respondents) on grounds that he was resident of other union council---Contentions of petitioner were that he had passed the assessment test and was shown to be eligible for the post; that out of the eleven (11) successful candidates, he was the only one not to be issued an offer letter; that he was discriminated against, notwithstanding the fact that he had been declared as successful for the post, and that he used to be a resident of the other union council but later on shifted to the specified union council---Validity---To support his contention that he belonged to the specified union council, petitioner produced his Computerized National Identity Card (CNIC), permanent residence certificate, domicile certificate and residence certificates, however petitioner's previous Identity card, domicile certificate and permanent residence certificate mentioned that he belonged to the other union council---Comments of "mukhtiarkar (revenue)" and ."taluka matiari ", showed that the petitioner was originally inhabitant of other union council but when he applied for the post in question, he ceased to reside in said union council and presently was residing in specified union council in a house owned by his uncle---Petitioner had not produced any document to establish as to when he transferred his residence from other to specified union council---Documents produced by petitioner in support of his contention that he was resident of specified union council were of subsequent dates, i.e. after filing of present petition and said documents were seemingly procured after the advertisement of post in question---Such conduct of petitioner was, prima facie, proof that he had not approached the court with clean hands---Petitioner was not entitled to be…

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