Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Employment as test invigilator of NTS--Advertisement for post of Assistant Director--Filling of application for appointment--Delayed entertaining application of petitioner--Inquiry was conducted--Jurisdiction--National Accountability Bureau during process of scrutiny pointed out to National Testing Service that petitioner had not filed his application on or before date prescribed for submission of application--Admittedly, petitioner had relationship with National Testing Service--Latter also does not deny that an inquiry was conducted and official responsible for entertaining delayed application of petitioner has been proceeded against--Learned counsel for petitioner, on other hand, disputes these assertions by contending that application was sent within time i.e. on 27-07-2016--This obviously raises disputed question of fact which cannot be adjudicated while exercising jurisdiction under Article 199 of Constitution--Petition was dismissed. PLD 1980 SC 139, 1980 SCMR 933, 2000 SCMR 718 & 2012 SCMR 416, ref. THIS ORDER PASSED BY: ATHAR MINALLAH, JUSTICE---.--- The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the "Constitution") seeking the following prayer: "In the circumstances, it is, therefore, very humbly prayed that respondents (NAB and NTS) very graciously be ordered to enter the name of the petitioner into the list of successful candidates eligible for final interview. It is also prayed that respondents may place be directed not to declare the final merit list or issue call letter for "Assistant Director NAB (BS-17)" till the final decision of the instant writ petition. Any other relief which this Hon'ble Court deems fit may please also be awarded." 2. The facts, in brief, are that the petitioner was employed as a Test Invigilator of NTS. It is asserted by the petitioner that he filed an application for the post of "Assistant Director" in response to the advertisement published in the daily newspapers on 03-07-2016. The last date for filing application was 31-07-2016. The receipt of payment…

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