Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Civil service--- Selection for post---Experience---Proof---Substituting finding of fact---Petitioner alleged that he had more experience than the respondent who was selected by authorities for the post in question---Validity---High Court had given finding of fact against petitioner and failed to show any document regarding his experience---Supreme Court while exercising power under Art. 185 (3) of the Constitution, had no jurisdiction to substitute its own finding in place of finding recorded by High Court in its ---Supreme Court did not find any infirmity or illegality in the passed by High Court and failed to raise any question of public importance--Constitutional jurisdiction was discretionary in nature and Supreme Court declined to interfere in the passed by High Court---Leave to appeal was refused. Ata Ullah Malik's case PLD 1964 SC 236 rel. Qari Abdul Rasheed, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. ORDER CH. IJAZ AHMED, J.--- The petitioner has challenged the vires of the judgment dated 4-11-2009 wherein the Constitution Petition filed by him against the selection of respondent No.4 was dismissed. 2. Necessary facts out of which the present petition arises are that respondents Nos.1 to 3 selected respondent No.4 qua the post in question in spite of the fact that the petitioner had more experience as compared to respondent No.4. The petitioner being aggrieved filed Constitution Petition No.492 of 2009 before the Peshawar High Court, Peshawar, which was dismissed through the impugned judgment dated 4-11-2009. Hence the present petition. 3. The learned counsel for the petitioner submits that respondents had wrongly ignored the petitioner in spite of the fact that petitioner had requisite experience of 15 years in terms of the public notice. The impugned judgment was passed without application of mind and without adverting to the documents attached by the petitioner along with Constitution Petition. 4. We have given our anxious consideration to the contentions of the learned counsel for the petitioner and perused the record. It is better and…

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