Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art.199--Sind Local Government Manual, R. 80(4)--Petition raising objection to appointment of respondent as Dermatologist by Karachi, Municipal Corporation for a period of two years, on group that Mayor or Chairman could, in case of emergency, create such posts, as considered necessary, only for a period of three months­ Petitioner had herself applied for said post and had appeared before Selection Board and submitted to its jurisdiction and was not selected­ Petitioner, held, could not raise objection to appointment of responder in circumstances. (b) Constitution of Pakistan (1973)- --Art.199--west Pakistan Municipal Committee Service Rules 1965 R.6 (1)--Petitioner challenging appointment of respondent Dermatologist in Grade-18, herself applied for post but was not selected by Selection Board--Appointment of respondent was made by a Selection Board duly constituted in accordance with rules--Post of Dermatologist was created through a resolution passed by respondent Corporation and a copy of resolution was sent to Government in accordance with rules--Minutes of Selection Board showing that six candidates including petitioner appeared for post and all were interviewed by Selection Board who unanimously agreed to select respondent and one other candidate to be kept on waiting list--Petitioner not challenging selectee on waiting list but respondent and failing to show that she herself had any vested right in said post--Petitioner was already holding a Grade-18 post and was not entitled to discretionary relief even in equity--Petitioner as such claimed a negative relief which, held, could not be granted in circumstances. (c) Constitution of Pakistan (1973)-- ---Art.199--Constitutional jurisdiction Discretionary relief--Equity-­Petitioner, challenging appointment of respondent on a Grade 18 post made in due process of law, herself holding a Grade-18 post--Petitioner,, held, not entitled to discretionary relief even in equity. Nasim Farooqi for Petitioner. Muslim Naqvi for Respondent No.l. Zaheeruddin Khan for Respondent No.2. Abdul Rahim Kazi, A . A -G. ORDER ABDUL QADEER CHAUDHRY, J.--The petitioner was appointed as Medical…

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