2010 PLP (C (PLC(CS))

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 appointed as Driver placed at serial No.4 in the merit list with 68% marks and 35 years age and respondent No.6 with 72% marks, being lower than him, were not entitled to the appointment as Drivers through the impugned order of respondent No.3. To argument his stand, the petitioner has stated that his upper age limit has been relaxed for five years vide Annexure `E' on the file.

4. Comments were called from respondent No.3 who has categorically denied and refuted the allegations of the petitioner supported by documentary evidence.

5. We have carefully examined the available record of the case in the light of valuable arguments of the learned counsel for the parties.

6. Perusal of the record makes it crystal clear that the instant writ petition is not maintainable, 'misconceived and the petitioner has not come up to this Court with clean hands having suppressed the material facts. Initially, for redressal of his grievances he had filed a civil suit in the Civil Court at Lakki Marwat vide Suit No.14/1 of 2004, titled Zafrullah v. D.C.O., Lakki etc; which was dismissed by the learned Senior Civil Judge Lakki Marwat vide judgment dated 17-5-2006. Thereafter, he filed an appeal which too met the same fate before the learned Additional District Judge-I, Lakki on 27-1-2006. Instead of challenging the order of the lower appellate Court in revision before this Court, he opted to file another civil suit which was dismissed as withdrawn on 22-3-2006 in order to file a writ petition. All these facts have been suppressed while filing the instant writ petition. The plea that he was granted five years relaxation in upper age limit by the Establishment and Administration Department vide Annexure `E' on the file is also misplaced and ill founded as it is only the copy of application addressed to the Chief Minister. over which recommendations have been made in this behalf, but that, too by incompetent persons, as it is only the Secretary to Government of N.-W.F.P, General Administration Department, who is competent to grant age relaxation in deserving cases. Besides, the writ petition is hit by the doctrine of `Laches'. The impugned order is dated 30-11-2004, while the instant writ petition has been filed in this Court on 3-4-2006 and when the petitioner failed at the lower fora to get his grievances redressed, instead of filing a revision petition, he opted to file the present incompetent constitutional petition. The impugned order is thus, well founded, based on correct legal premises and not open for interference by this Court in exercise of its extraordinary constitutional jurisdiction.

7. Consequently, we find no substance in this writ petition which is dismissed in limine. H.B.T./161/P Petition dismissed.