Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Scholarship program--Appearance in aptitude test--Respondent No. 1 secured highest marks--Rejection of candidature--Allegation of interpolation in admission and withdrawal register--Correct date of birth was verified through producing of Headmaster and school admission record-- The candidature of Respondent No. 1 was rejected on ground that his date of birth was not 14.10.2009--Merely directing one of respondents to produce some documents for verification does not amount to an indulgence to resolve a factual controversy or a disputed question of fact--In order to resolve issue of date of birth of a minor, most appropriate authority was Headmaster of school who appeared and confirmed correct date of birth as per available record--Question of ascertaining correct date of birth of Respondent No. 1 did not require any external aid much less any oral evidence, but it was verified through documentary evidence produced by Headmaster of School, who was one of respondents in Writ Petition--The production of documents and verification by Headmaster on notice of High Court cannot be categorized within realm and sphere of disputed question of facts, which could be examined by High Court even in writ jurisdiction without recording any evidence and High Court is not powerless to undertake an enquiry on basis of affidavits and admitted documents filed by parties--Appeal dismissed. Constitution of Pakistan, 1973-- ----Art. 199--Extraordinary Jurisdiction--Extraordinary jurisdiction under Article 199 of Constitution is intended to provide an expeditious remedy in a case where illegality of an impugned action can be established without any elaborate enquiry or recording of evidence. [P. 572] C JUDGMENT Muhammad Ali Mazhar, J.--This Civil Petition for leave to appeal has been brought to challenge the Judgment dated 20.04.2022 passed by the Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat in W.P. No. 48-M/2022, whereby directions have been issued to the petitioners to adjust the Respondent No. 1 in the upcoming admissions for the Session 2022-2023 on the basis of the test already conducted and qualified by him. 2. The…

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