Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Maintainability---Scope---Civil service---Advertisement for post of Assistant Executive Engineer in the newspapers---Minimum qualification being Bachelor's degree in Civil, Electrical, Mechanical, Architecture and Town Planning Engineering from a recognized University---Rejection of candidature of petitioners being employees of Military Engineering Services on the ground that they were holding B.Tech. (Hons.) degree---Contention of petitioners was that B.Tech. (Hons,) degree was to be treated at par with B. Sc. (Engineering)/B.E. degree---Validity---High Court declined to entertain constitutional petition when other appropriate remedy was available but same was not a rule of law barring jurisdiction but a rule by which High Court, would regulate its jurisdiction---High Court, in exercise of its constitutional jurisdiction had power to grant relief to the aggrieved party when a statutory functionary had acted malafidely or in a partial, unjustified and oppressive manner---Appointments, in the present case, had been made against the said posts of persons having B.Tech. (Hons.) degree in Civil Engineering---Subsequent change in Rules could not have a retrospective effect---Service of petitioners was not governed by Pakistan Engineering Council Act, 1976---Provisions of said Act were applicable only to the professional Engineers and Consulting Engineers who were in practice and not to the persons working in Government department---Petitioners had been dealt with in a discriminatory manner---Respondents had failed to explain the rationale behind refusal to entertain the applications of the petitioners---Authorities were directed to make fresh decision---Constitutional petitions were accepted in circumstances. Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 and Commissioner of Income Tax v. Messrs Eli Lilly Pakistan (Pvt.) Ltd. 2009 SCMR 1279 rel. ORDER M. SOHAIL IQBAL BHATTI, J.--- Through this single order, I propose to dispose of the instant writ petition as well as Writ Petition No.2549 of 2012 (Muhammad Arshad v.…

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