Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Words "aggrieved person" as used in Art.199(1)(a) and (c) of the Constitution---Connotation stated. Under Article 199 of the Constitution, only a person whose rights have been infringed can file a petition, except a writ of habeas corpus and writ of quo warranto, which can be invoked by any person. The application under sub-Article (1)(a) of Article 199 of the Constitution can be moved by any "aggrieve party", while the application under sub-Articles (1)(c) of Article 199 can be moved by any "aggrieved person". A person aggrieved must be a man, who has suffered a legal grievance, a man against whom a decision has been pronounced, which has wrongfully deprived him of something or wrongfully refused him something, which he has a right to demand or wrongfully affected his title in something. In order that a person be considered an "aggrieved person" within the meaning of Article 199, he must show that his legal rights has been violated or that he has been deprived of the fundamental rights guaranteed under the Constitution or that he seeks performance of the legal duty by the State functionaries and that the non-performance of the duty is to result in loss of some personal benefit or advantage or the curtailment of a privilege. (b) Police Order (22 of 2002)--- ----Art. 27---Constitution of Pakistan, Art. 199---Constitutional petition---Police department---Recruitment in rank of Constable against Shaheed Quota---Petitioner's application to appoint him as Constable in place of his issueless uncle (Constable) killed during service---Refusal of authority to appoint petitioner against such quota---Validity---F.I.R. lodged regarding murder of deceased Constable showed that he was killed in course of his private affairs---Petitioner's claim did not fall within purview of "shaheed" and "legal heirs" as defined in Paras 5 and 6 of Standing Order No.25 of 2008---Petitioner had no statutory right to seek appointment as Constable against such quota, thus, he was not an aggrieved person---High Court dismissed constitutional petition in circumstances. Mazhar Ali Siddiqui for Petitioner. Azizul Haque Solangi, Asstt. A.-G. for…

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