Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Review---Error on the face of record---Discovery of new facts---Scope---Petitioner sought review of order passed in constitutional petition with the plea that he being a disabled person was entitled to be considered for appointment as primary school teacher against the reserved quota of disabled persons---Validity---Ground raised in review petition was available to petitioner when the petition was argued but he did not raise the said contention at the relevant point of time---Petitioner had not sought appointment on the plea of disability---Petitioner was precluded from urging the contention in review proceedings which was not urged at the time of hearing---Assertion of petitioner did not constitute either an error apparent on the face of record or discovery of new and important facts and evidence on record, which grounds were sine qua non for exercising review jurisdiction---Review petition was dismissed in limine. Mian Rafique Saigal and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1997 SC 865; Mst. Kalsoom Maliki and others v. Assistant Commissioner and others 1996 SCMR 710 and Daewoo Corporation v. Zila Council Jhang and 2 others 2004 SCMR 1213 ref. THIS ORDER PASSED BY: SHAKEEL AHMAD, J.--- Shafi Ullah petitioner, through the present petition, seeks review of order dated 08.10.2018, rendered in Constitutional Petition No.879-D of 2017, whereby this Court dismissed the writ petition. 2. It was mainly argued by the learned counsel for the petitioner that petitioner is a disabled person and he was entitled to be considered for appointment as PST against the reserved quota…

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