Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Advertised post---Academic qualification for candidates---Degree issued after last date for submitting application for the post---At the time of submitting his application for the post in question, appellant had not received his degree on basis of which he applied for the post---Appellant completed his degree in January, 2014 (i.e. before the last date for submission of application for the post), however, the degree was formally issued in March, 2015 for reasons beyond his control---Degree itself showed that the appellant had successfully completed the requisite course work and examination in the academic year 2014---Transcript issued by the concerned institute also verified the fact that the appellant had completed his degree in January, 2014---Fact that the degree was formally issued in year 2015 was not, in the facts and circumstances of the present case of much significance---Furthermore appellant was at the top of the list (of candidates) on the basis of his performance in the test and interview---Impugned of the High Court whereby appellant was held to be not qualified to hold the post in question was set-aside---Appeal was allowed accordingly. (b) Constitution of Pakistan--- ----Art. 199--- Suo motu powers of the High Court--- Scope---Constitutional petition becoming infructuous---Constitutional petition as originally filed challenged the appointment of respondent to an advertised post only on basis of his alleged lack of education qualification---Once the respondent's tenure expired, he was granted an extension of two (2) years, vide an office order---Said office order was not challenged by the petitioner either through amendment in the Constitutional petition or by filing a fresh petition---When the petitioner was held to be academically qualified for appointment to the post, then the Constitutional petition as originally filed was rendered infructuous---By taking suo motu notice of such extension, the High Court appeared to have exceeded its jurisdiction for reasons which were not legally sustainable---Impugned of High Court was set aside in circumstances. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.---The petitioner…

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