Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Scholarship Programme---Eligibility---Allegation of interpolation with regard to date of birth---Evidence presented by School Headmaster---No disputed questions of fact---High Court reached the conclusion that the date of birth of the respondent-candidate was the one being claimed by him and this was also authenticated and verified by the Headmaster on production of original record/extract from the schools admissions register---Merely directing one of the 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 the issue of date of birth of a minor, the most appropriate authority was the Headmaster of the school who appeared and confirmed the correct date of birth as per the available record---In the present case, the question of ascertaining correct date of birth of the respondent did not require any external aid much less any oral evidence, but it was verified through documentary evidence produced by the Headmaster of the School, who was one of the respondents in the writ petition---Production of documents and verification by the Headmaster on notice of the High Court cannot be categorized within the realm and sphere of disputed question of facts---High Court is not powerless to undertake an enquiry on the basis of affidavits and admitted documents filed by the parties---High Court had rightly allowed the writ petition filed by the respondent---Petition for leave to appeal was dismissed and leave was refused. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Extraordinary jurisdiction under Article 199 of the Constitution is intended to provide an expeditious remedy in a case where the illegality of an impugned action can be established without any elaborate enquiry or recording of evidence---However if some complicated or disputed question of facts are involved, the adjudication of which is only possible to be resolved and decided by the Courts of plenary jurisdiction after recording…

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