| Citation(s) |
|---|
| 1995 SLG 1347 1995 SLD 1347 1995 PLC 586 |
Quetta High Court
Constitutional Petition No. 4 of 1994, decided on 17th July, 1994.
MIR MUHAMMAD NAWAZ MARRI AND, JAVED IQBAL, JJ
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Constitutional Petition No. 4 of 1994, decided on 17th July, 1994.
MIR MUHAMMAD NAWAZ MARRI AND, JAVED IQBAL, JJ
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Dr. MASOOD AHMED and 3 others
VS
GOVERNMENT OF BALOCHISTAN LIVESTOCK DEPARTMENT through its Secretary, Civil Secretariat, Quetta and another
Law:
Section:
(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Scope---Power of High Court conferred by Art. 199 of the Constitution was very vide and very extraordinary, but same should be exercised with great circumspection-Such powers were not intended to be mere substitute for ordinary remedies which were generally available---Person invoking Constitutional jurisdiction must be a person, who was aggrieved in the real sense by any action taken or proceedings initiated against him by a Government functionary discharging its functions in connection with the affairs of the Province and it must also be shown before invoking Constitutional jurisdiction that such functionary was doing something, which he could not do under the law. Khaleeq v. Pakistan PLD 1957 Dacca 437 rel. (b) Balochistan Livestock Department Officers (Grade-16 and above) Rules, 1982-- ----- 6 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Petitioners whether aggrieved persons entitled to invoke Constitutional jurisdiction---Posts of Deputy Director (Grade-18) in Veterinary Department---Seventy-five per cent seats reserved for promotees, while twenty-five per cent seats were reserved for initial appointment--Petitioners having put in about 20 years' service in Veterinary Department instead of claiming post of Deputy Director through promotion objecting to reasonableness of R. 6, Balochistan Livestock Department Officers (Grade-16 and above) Rules, 1982, wherein age for initial appointment was fixed between 21 to 35 years---Petitioner's status was not that of aggrieved persons for they had not suffered any legal grievance and no decision whatsoever had either been made or pronounced by Government depriving them wrongfully or affecting their right or title---Jurisdiction of High Court could only be invoked by a person aggrieved and. that too against specific and definable act of omission or commission on the part of relevant authority---No legal injury caused to petitioners was pointed out---Government was thus, competent to fill in posts of Deputy Directors through Public Service Commission in pursuance of…
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