Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Civil service---Fundamental Right, infringement of---Aggrieved person---Scope---Advertisement for the post of Laboratory Assistant in the newspapers---Minimum qualification being Secondary School Certificate Matric in Science---Petitioner had certificate of Secondary School/Matric in Arts---Contention of petitioner was that there was no other contestant in the field from the concerned union council and she was entitled to be appointed against the said vacancy---Validity---Exercise of jurisdiction under Art.199 of the Constitution would depend on the existence of a fundamental or legal right of a person or a party and the infringement thereof---Such right might be a statutory right or a right recognized by law---Person or a party could be said to be aggrieved only when he was denied a legal right---Government, in the present case, was competent to prescribe qualification for a particular post---Scientific development and increasing know-how could not be ignored in prescribing stipulated qualification for such post---Eligibility of a candidate had to be determined in accordance with the advertisement for the post, service Rules governing the appointment and any instruction backed by law and rules framed thereunder---Unqualified person could not be appointed to a particular post and appointment could not be made in violation of requisite qualification---No one could be appointed on the ground that no other contestant was available from the concerned union council---Neither any appointee was arrayed in the present petition nor impugned appointment order was appended with the memo. of the same, therefore such defects could not be attended to as petitioner could not qualify the preliminary test of maintainability of the petition coupled with qualification of an aggrieved person---Constitutional petition was dismissed in limine. Dr. Muhammad Hussain v Principle, Ayub Medical College PLD 2003 SC 143 and Government of Punjab through Secretary (S&GAD) Lahore v. Zafar Maqbool Khan and another 2012 SCMR 686 rel. e. JUDGMENT MUHAMMAD KAMRAN MULAKHAIL, J.--- The petitioner has impugned…

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