Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Aggrieved person---Civil service---Appointment---Petitioner who fell at Serial No. 156 with his Session of 1998 was not appointed, while candidates up to Serial No.27 with Session up to 1992 were appointed against available vacancies of C.T.---Petitioner was not appointed on the ground that his batch being of 1998 was a very late batch and that it was not possible to appoint him---Validity---Candidates of batch 1992 and 1993 would have a cause of action and grievance if they were not appointed on their turn, if they had qualified in the test and interview and other formalities for appointment---Batch of petitioner being 1998 was very late, he did not have any cause of action for the time being and was not an "aggrieved person"---Entitled persons, even if were not available before the Court, would not lose their rights which had accrued to them in consequence of a of a Court of law due to their equality with those who were available before the Court and had been passed in their favour---By just coming to the Court with a petition, without any cause of action and a grievance, petitioner would not become entitled to snatch rights from entitled persons who were not available before the Court. (b) Civil service--- ----Appointment---Prescribed qualifications---Prescribed qualifications were those which were prescribed by employing/recruiting Authority for certain posts without which a candidate would not be eligible, even, to apply for such posts---Such qualifications would be minimum qualifications for the posts---Policy of Government was that persons of higher qualifications were not debarred from applying and contesting for the posts for which lower qualifications had been prescribed and it was according to the policy of the Government to declare whether extra marks would or would not be allocated to the person having higher qualifications. Lal Khan for Petitioner. D.A.-G. for Respondents. Date of hearing: 16th June, 2006. JUDGMENT SALIM KHAN, J.---The petitioner contended that he applied for a post of CT for which the prescribed qualifications were F.A. along with professional CT…

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