Law:

Section:

(a) Sindh Judicial Service Rules, 1994---R. 13---Constitution of Pakistan, Art.199---Constitutional petition---Posts of Civil Judges and Judicial Magistrates---Upper age limit fixed for such post was 30 years, while 3 years relaxation was allowed for an Advocate of High Court---Petitioner (Advocate of High Court) being over age by nine (9) months and ten (10) days sought relaxation in upper age limit on the ground of being member of Schedule Caste---Petitioner's plea was that High Court could allow such relaxation under Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 1993 and R.13 of Sindh Judicial Service Rules, 1994---Validity---Record showed that petitioner on the same ground had earlier sought relaxation of upper age limit, which had been declined by Chairman Selection Board/Chief Justice---Petitioner had to approach Chairman again and not to bypass such forum by having approached High Court directly---Petitioner could neither prove any mala fide or discrimination nor point out any of his legitimate right guaranteed by Constitution---Relaxation in upper age limit to a member of Schedule Cast could not be allowed in absence of any applicable rule---Sindh Judicial Service Rules, 1994 only would govern appointment in judicial service---Erroneous denial of a legitimate right guaranteed by Constitution or provided by any statue/rules/regulations would entitle an aggrieved person to invoke constitutional jurisdiction of High Court---Petitioner was allowed to participate in written tests subject to result of his constitutional petition--- High Court dismissed constitutional petition with observations that petitioner, if having passed such written tests, would be at liberty to approach the Chairman for age relaxation well before cut of date of interviews. C.P.No.D-3095 of 2012 on 31-8-2013 and C.P. No.283-K of 2012, decided on 1-11-2012 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Erroneous denial of a legitimate right guaranteed by Constitution or provided by any statute/rules/regulations would entitle an aggrieved person to invoke such jurisdiction. ORDER AQEEL AHMED ABBASI,…

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