Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Application for review of ---Facts not discussed earlier---Effect sought review of passed by High Court while dismissing his Constitutional petition---Validity---Review proceeding could not substitute hearing of appeal / revision--- Review could not be allowed on discovery of new facts if such material was available at the time of hearing petition / appeal / revision--- Scope of review was very limited and it could only be allowed when there was error apparent on the face of order / --- Party could not be allowed to adjudicate the same facts which had already been decided, in the present case, failed to point out any apparent error or mistake in order in question---Power of review only enabled to correct error alone and it could not equate with appeal nor it could be made basis for rehearing of the case---Application for review was dismissed, in circumstances. Fakharyar v. Agriculture University Peshawar PLD 2016 Pesh. 266 and Haji Muhammad Naeem v. Sarajuddin PLD 2017 Bal. 65 ref. Abdul Hakeem v. Khalid Wazir 2003 SCMR 1501; Majid Mahmood v. Muhammad Shafi 2008 SCMR 554; Ali Ahmed v. Muhammad Iqbal 2009 SCMR 394; Haji Muhammad Boota v. Member (Revenue) BOR 2010 SCMR 1049 and Sh. Mehdi Hassan v. Province of Punjab through Member Board of Revenue 2007 SCMR 755 rel. ORDER ABDUL HAMEED BALOCH, JUSTICE.---- This application has been filed with the following prayer: --------that the judgment/order dated 13.02.2020 passed by this Vacation/Single Judge may kindly be reviewed/recalled and petition be referred to Division Bench for decision a fresh according to the ground so agitated in the petition, in the interest of justice, equity and fairplay. The applicant/petitioner filed constitutional petition before this Court which was dismissed vide judgment dated 13th February, 2020 with the following observations: 6. Admittedly the petitioner secured 99 marks out of 200 which is less than 50%. The petitioner claimed admission in BUMHS on special consideration, which is not permissible under the law. In the advertisement published by the respondent No.1 inviting application from the eligible candidate,…

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