Law:

Section:

Constitution of Pakistan (1973)--Arts. 240, 199, 212 & 185(3)---Service Tribunals Act (LXX of 1973), S. 4---Civil Servants Act (LXXI of 1973), S.8---Pakistan Engineering Council Act (V of 1976), Preamble---Petitioner's Constitutional petition under Art. 199. Constitution of Pakistan was dismissed as barred under Art. 212 of the Constitution---Validity---Petitioner's grievance before High Court was that Engineering graduates arrayed as petitioners and diploma holders arrayed as respondents, being parties to litigation were effectively governed by Pakistan Engineering Council Act, 1976 in the matter of appointment and promotion, and that Act did not permit those who were not fully qualified Engineers but were Diploma Holders to hold certain specified posts involving professional engineering works---High Court dismissed Constitutional petition as being barred under Art. 212 of the Constitution---Validity---Condition of service of persons in the service of Pakistan in cases of services of the Federation would be determined by or under Act of Parliament as per terms of Art. 240 of the Constitution---Pakistan Engineering Council Act, 1976 as well as Civil Servants Act, 1976 fall in the category of the Act framed by the Parliament---For testing eligibility of respondents for holding specified post, petitioner would necessarily go to Service Tribunal---What was barred under provisos of S.4, Service Tribunals Act 1973 was fitness or suitability and not the eligibility---Petitioner had not challenged fitness or suitability but eligibility of respondents for holding specified posts which was more basis and has to be crossed before fitness or suitability can be adjudged---If rules of service applicable to parties permit of promotions, then vires thereof, have to be examined and tested and even that exercise has to be undertaken by Service Tribunal---High Court was, thus, justified in holding that question of eligibility to be considered for appointment or promotion to a post related to the terms and conditions of service and that jurisdiction of High Court under Art. 199 of the Constitution was ousted on the strength of Art. 212 bf the Constitution which has a…

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