Law:

Section:

(a) Constitution of Pakistan---Art. 199---Constitutional petition---Appointment to post of School Educator---Reserved quota for disabled persons---Petitioner, who was suffering from visual disability namely, Retinatus Pigmentoza, was rejected from consideration for post of School Educator under quota for disabled persons---Contention of Provincial Authority was that under the Recruitment Policy, blind, deaf and dumb were not eligible to apply for said post and petitioner's visual disability therefore, barred him from consideration---Validity---High Court observed that petitioner did not suffer from disability which prevented his mobility notwithstanding the fact that he may have had some visual disorder---Petitioner moved freely in court and it could be safely assumed that he was not a blind person and his disability was such that did not create any hurdle in his free movement and was unlikely to prevent him from using the blackboard effectively, while teaching---Disability certificate issued by competent authority was available on record according to which nature of his disability was only low vision and he was fit to work---High Court directed the authorities to consider case of petitioner for appointment under reserved quota for the disabled and issue him appointment order if he fell on merit for the post---Constitutional petition was allowed, in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Grant of relief not prayed for by the petitioner---Scope---Under Art.199 of the Constitution, High Court had ample powers to mould a relief in aid of justice. Messrs Facto Belarus Tractors Ltd. Karachi and another v. Federation of Pakistan through Secretary, Ministry of Industries Production and Special Initiatives Islamabad and others PLD 2006 Kar. 479 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- The petitioner is aggrieved of the act of the respondents, whereby, his application for the post of Elementary School Educator (ESE) was rejected by the respondents on the basis of his being overage. 2. Learned counsel for the petitioner submits that respondent No.1 invited applications for various vacancies of…

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