Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Appointment to advertised post---Appointment obtained through misrepresentation---Estoppel---Scope---Petitioner assailed the appointment of private respondent on disabled persons quota and sought a direction for his appointment instead of private respondents---Validity---Private respondent had earlier applied against different posts while declaring himself to be medically fit---Law of estoppel did not allow the private respondent to alter his position that he suffered from disability---Estoppel was an equitable doctrine, a bar that prevented one from asserting a claim or right that contradicted what one had said or done before, or what had been legally established as true---Private respondent could not take advantage of his own inconsistent positions---So far as locus standi of the petitioner was concerned, two posts were allocated for the persons with disability and the petitioner was placed at Sr. No. 3 of the Merit List, therefore, he was an aggrieved person within the meaning of Art. 199 of the Constitution---Constitutional petition was allowed. (b) Civil service--- ----Medically fit---Meaning---Expression medically fit means, a person/candidate who for the time being, is not suffering from any physical and/or mental inability and disability---An employee is considered medically fit to continue working as long as his health does not affect his job performance. JUDGMENT GUL HASSAN TAREEN, J.---The petitioner, through the instant constitution petition, filed under Article 199, the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution), has sought the following prayer: It is therefore, respectfully prayed that act of the official respondent may kindly be declared illegal, unlawful, unconstitutional, discriminatory and void ab-initio with regard to commending able-bodied/fit person for appointment against the quota of disable person. Further it may kindly be declared that the respondent No. 7 is able-bodies/fit person and presently doing police training against the post of Assistant Sub-Inspector (ASI), selected through Balochistan Public Service Commission and his…

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