Law:

Section:

Khyber Pakhtunkhwa Judicial Service Rules, 2001--- ----R. 6---Constitution of Pakistan, Arts.4, 25, 27 & 199---Constitutional petition---Allegation of discrimination with regard to age relaxation for judicial service to government servants and practicing lawyers---Reasonable classification based on intelligible differentia---Scope---No doubt, Art.25 of the Constitution guarantees equality before law, but the same does not mean equality of operation of legislation upon all citizens of the State---Equal protection of law forbids class legislation, but permits reasonable classification for purpose of legislation---Permissible classification is allowed by Art.25 provided classification is founded on intelligible differentia, which distinguishes persons or things that are grouped together from others, who are left out of groups---Such classification and differentia must be on rational relaxation to the object sought to be achieved by legislation---If a classification in the challenged law on the basis of any state of facts can be reasonably conceived that would sustain it and the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary lies upon one, who assails a classification as law should be saved rather than destroyed and Court must lean in favour of upholding the constitutionality of a legislation---State, the Provincial Government and the Department have the right to categorize different peoples, as per the principle of intelligible differentia---Constitutional petition was dismissed in the circumstances. JUDGMENT WAQAR AHMED SETH, J.--- Tipu Muhammad Sultan and another petitioners seek the constitutional jurisdiction of this Court praying for:--- "that on acceptance of this writ petition, the impugned rule 6 of the KPK Judicial Service Rules, 2011 read with the advertisement of the posts of Civil Judges/Judicial Magistrates and the difference of age for the practicing lawyers and others may kindly be made at par with and the impugned rule may very graciously be struck down being discriminatory and violative of Articles 4, 25 and 127 of the Constitution of Islamic Republic of Pakistan, 1973." 2. In essence, the…

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