Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts.175, 199 & 212---Constitutional petition ---Maintainability--­Contentions were that where an order passed by any Authority was unlawful, without jurisdiction or void, there would be no bar to filing of Constitutional petition in spite of alternate remedy being available; and that rule that invoking Constitutional jurisdiction was possible only after exhausting all other remedies, was a rule of convenience and discretion and not a rule of law affecting jurisdiction---Validity---Contentions were repelled because Art. 175 of Constitution had provided that no Court would have any jurisdiction save as was or could be conferred on it by Constitution or by or under any law. Chairman, Central-Board of Revenue, Islamabad and 3 others v. Messrs Pak-Saudi Fertilizer Ltd. and another 2001 SCMR 777; Standard Chartered Bank v. Karachi Electric Supply Corporation Ltd. through Managing Director. PLD 2001 Kar. 344 and Gatron (Industries) Limited v. Government of Pakistan and others 1999 SCMR 1072 ref. (b) Constitution of Pakistan (1973)--- ----Arts.199 & 212---Judicial review---Constitutional power of judicial review vested in High Court under Art. 199 of Constitution was not inherent as distinct from judicial power, but was subject to limitation provided in the Constitution itself---While exercising said power, limitation imposed by Constitution, could neither be overlooked nor dispensed with---When it appeared or was brought to the notice of High Court that a particular order of Departmental Authority lay within ambit of Service Tribunal, jurisdiction of High Court was ipso facto ousted as a result of barring provision of Art.212 of the Constitution and it was not competent on any ground to examine the validity of an order which fell within jurisdiction of Service Tribunal---Matter in dispute in the present case did not relate to suitability or fitness for promotion to higher post, but was alleged violation of rules and procedure in selection---Plea of opposing civil servants that despite being eligible for promotion they were not considered and their case for promotion was deferred by Departmental Promotion Committee…

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