Law: Constitution of Pakistan, 1973

Section: 201,199

(a) Constitution of Pakistan (1973)---   ----Art.201---Judgment of equal Bench---Effect---Earlier of equal Bench in High Court under Art.201 of the Constitution, only on question of law and its interpretation is binding upon second Bench.    (b) Precedent---   ----Decision given in a case is meant primarily to apply to facts of that case and can have little weight in a case where facts are different.   S. Muhammad Din and Sons Ltd. v. Assistant Director, Labour Welfare (Conciliation) Lahore Region, Lahore PLD 1968 Lah. 1012 rel.   (c) Constitution of Pakistan (1973)---   ----Art.199---Constitutional petition---Laches---Concealing of material facts---Effect---Grievance of petitioners was that they were selected in year, 1998, but were not called for training and fresh process of selection had been completed in due course of time---Validity---Authorities had done similar exercise in year, 2004, and had demanded applications for trainees but petitioners did not challenge the same, therefore, their petition suffered from lathes---Authorities had completed regular process of selection of trainees after holding test, the petitioners filed their petition without disclosing earlier selection process which was initiated by authorities in year, 2004---Petition was dismissed in circumstances.    Multi Line Associates case 1995 SCMR 362 ref. ORDER ZAFAR AHMED KHAN SHERWANI, J.---Since these two petitions under Article 199 of the Constitution of Pakistan involve common question of law and facts, therefore, we intend to dispose of them by this common order. In C.P.No.D-458 of 2008 the petitioners have prayed as under:-- (a) To declare that the petitioners stand duly selected for the training as the Tapedars and their selection by the District Selection Committee, Shikarpur cannot be questioned or nullified in any manner; (b) To direct the respondents to allow the petitioners to join the Tapedars Training College Normal Course. (c) To awards costs of the petition. (d) Any other equitable relief he granted to the petitioners. Whereas in C.P.No.D-692 of 2008 the petitioner has made the following prayer:-- (a) To direct the…

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