Law: Constitution of Pakistan, 1973

Section: 199,185(3)

(a) Constitution of Pakistan (1973)---Art. 185(3)--Leave to appeal--Petitioner, initially a practising lawyer, was subsequently recruited as a Civil Judge--Petitioner while posted a; Civil Judge applied for competing for posts of Additional District and Sessions Judge against reserved vacancies for practising lawyers --Petition was not allowed to compete--Leave to appeal--Held, on the date petitioner applied for appointment as Additional District and Sessions Judge, he was not eligible to do so--Vacancies against which recruitment was sought were reserved for practising lawyers which petitioner was not-­Petitioner could not, therefore, while holding post of Civil Judge see recruitment against vacancies reserved for practising lawyers--Leave t~ appeal refused. (b) Constitution of Pakistan (1973)-- ---Art. 199---Ex officio function of holder of a public office viz. Judge of High Court--Writ of quo warranto could not be issued to such an ex office functioning of a rightful holder of a public officio Petitioner in person. ORDER SHAFIUR REHMAN, J.-- The petitioner by two separate petitions seeks leave to appeal against the judgment of the Lahore High Court, dated 21-4-1984 and 9-5-1984 whereby two constitutional petitions filed by him failed. The petitioner was initially a practising lawyer. He was subse­quently recruited as a Civil Judge. While posted in that capacity he applied for competing for the posts of Additional District and Sessions Judge against the reserved- vacancies for practising lawyers. He was not allowed to do so. He instituted a constitutional petition contending that he was qualified and eligible to compete and should not have been prevented from doing so. This constitutional petition was dismissed on 21-11-1983 and the intra-Court…

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