Law:

Section:

Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Controversial questions of fact could not be decided in exercise of powers under Art. 199 of the Constitution---Such questions could only be determined after recording of evidence by the competent forum. PLD 1996 SC 632 and PLD 2007 SC 498 distinguished. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:---.--- The petitioner has approached this Court to seek following relief(s):-- a. To declare that the orders of Naval Headquarters dated 06 May, 2011 for Discharge of Petitioner from service is discriminative, unjustified and illegal and the same be declared as null and void. b. To re-instate the Petitioner in service with all back benefits and with the same seniority and direct the Respondents by accepting the joining report of the Petitioner and thereafter convert to Pak Marines Pool as per Naval Headquarters Policy like conversion of other officers of the same category. c. To direct the respondents to issue the B.Sc. Degree as per law. d. Any other relief/s may also be granted, which this Honourable Court may deem fit and proper in the circumstances of the case. 2. The case of petitioner is that he was inducted as Cadet in Pakistan Naval Academy Karachi for training. He passed the B.Sc. and qualified the basic training and got commission as Acting Sub/ Lieutenant in Operation Branch of Pakistan Navy on 3.7.2008. The petitioner was required to undergo professional training for four years therefore he joined Pakistan Navy Engineering College (PNEC) at Karachi. He completed 05 semesters but could not qualify in 6th semester as he failed in one subject "Communication System". The petitioner submitted an application to respondent No. 5 for his conversion to Pak Marines Pool who forwarded it to Respondent No. 3 for approval but same was rejected and the petitioner was discharged on academic ground. His request for issuance of B.Sc. Degree was also rejected. He filed appeals to Respondent No. 2, which were dismissed thereafter he filed instant petition. 3. In response to the Notice of this Court Respondents Nos. 1 to 6 filed their parawise comments and refuted the claim…

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