Law: Constitution of Pakistan, 1973

Section: 199,199(5),192

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Civil service---Advertisement for the post of Civil Judges/Judicial Magistrates---Petitioner's name was shortlisted and included in the list of eligible candidates but she could not secure enough marks in the interview to be selected---Plea of petitioner was that panel of Judges of High Court could not assign the interview marks impartially, without prejudice and fairly---Validity---Impugned notification had been issued by the Registrar of High Court in compliance of the order passed by the Chief Justice---Registrar carried out the orders of the Chief Justice or the Judges of the High Court---Constitutional jurisdiction of High Court could not be invoked against the orders passed by the Chief Justice or the Registrar on behalf of the Court---Petitioner was interviewed by the Selection Committee of High Court and was given certain marks but she could not secure enough marks to be selected---Authority of Selection Committee could not be challenged and questioned as Committee was the best judge to form an opinion and take decision after judging the abilities and capabilities of the candidates---High Court was not to interfere and thrust its opinion changing the verdict of the Selection Committee except when the same smacked of mala fide---Constitutional petition being not maintainable was dismissed in limine. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition against High Court---Scope---High Court could not be deemed to be conferred with two distinct characters i.e. one judicial which was immune from constitutional jurisdiction and the other administrative which was amenable to the constitutional jurisdiction---Where a Judge of the High Court had acted as a "Court" for and on behalf of the Court then same was Court by itself and had complete and absolute immunity which was not dependent on the kind of jurisdiction he had exercised---All actions, acts and orders made by the High Court or the Supreme Court or any Judge thereof in exercise of powers and functions with regard to the performance of his official duties could not be subjected to…

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