Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Civil service--Appointment---Constitutional petition--Initially, for redressal of his grievances, petitioner had filed a civil suit, which was dismissed and appeal filed by the petitioner met the same fate---Petitioner, instead of challenging the order of the Appellate Court in revision before High Court, opted to file an other civil suit which was dismissed as withdrawn in order to file a constitutional petition---All said facts had been suppressed by the petitioner while filing the constitutional petition---Petitioner, in circumstances had not come up to the High Court with clean hands having suppressed the material facts---Besides, constitutional petition was hit by the doctrine of `!aches'---Impugned order passed by authorities which was well-founded, based on correct legal premises was not open for interference by the High court in exercise of its extraordinary constitutional jurisdiction. Saleemullah Khan Ranazai for Petitioner. Sanaullah Shamim Gandapt r, D.A.-G. for Respondents. Date of hearing: 25th March, 2009. JUDGMENT MUHAMMAD ALAM KHAN, J.---Through the instant Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Zafrullah Khan seeks to declare the order bearing No.1469-78 dated 30-11-2004 issued by the Executive District Officer, Schools and Literacy Lakki Marwat/respondent No.3 as null, void, illegal and thus ineffective upon his rights and to declare him entitled for appointment as Driver instead of respondent No.5 or 6. 2. Facts of the case giving rise to this writ petition briefly stated are that pursuant to an advertisement published in daily news papers, respondent No.3 invited applications for recruitment as Drivers from deserving and suitable candidates and in response thereto, the petitioner had applied and participated in the test on 25-2-2004 and he, was placed at second position in the merit list with 75% marks. He was, however, refused appointment on the ground of over age having 33 years age as his date of birth was 1-10-1969 while the age limit was thirty years. The stance of the petitioner is that respondent No.5…

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