1998CLC101 (PLP)

(c) Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Educational institution‑‑‑Rechecking of answer books ‑‑‑Laches‑‑‑Effect‑‑‑Petitioner had applied for re‑checking of his answer books on 16‑10‑1940‑‑‑Petitioner kept silent for period of about three years and thereafter instituted constitutional petition on 30‑5‑1993‑‑ Constitutional petition, thus, suffered from laches and was liable to be dismissed‑‑‑Discretionary powers of Court could not be exercised in favour of petitioner in circumstances. ‑‑‑[Laches]. S. Zafar Abbas Zaidi for Petitioner. Rustam Khan Kundi for Respondents Date of hearing:11th June, 1997. JAWAID NAWAZ KHAN GANDAPUR, J.‑‑‑The petitioner who was directed to furnish address of respondent No.4 on 6‑6‑1994 has failed to comply with the orders of this Court in spite of the passage of three years. The conduct of the petitioner, in the circumstances, is definitely disgusting. When confronted with this situation, the learned counsel for the petitioner failed to give any explanation, worth the name as to why the orders of the Court were deliberately flouted. This petition, therefore, deserves to be dismissed solely on this ground.

2. Besides, we have also noticed, with concern, that 'a noval procedure had I been adopted by the office in the fixation of this writ petition inasmuch as this l writ petition was fixed once a year, the details of which are that for the first time it was fixed before the Court on 20‑10‑1993. Thereafter it was laid before another Hon'ble Bench of this Court on 6‑6‑1994. For the 3rd time it came up for hearing before another Bench of this Court on 2‑5‑1995. Then it was fixed on 6‑10‑1996 and thereafter on 18‑3‑1997.

3. The Deputy Registrar has been directed to look into the matter and find out as to why this writ petition was given special treatment. He shall submit his report to us within 15 days positively to be placed before His Lordship, the Chief Justice, for information.

4. Even otherwise this petition is without any merits. The petitioner after the examination applied for the re‑cheeking of his papers on 16‑10‑1990. He kept silent for a period of about three years and thereafter instituted the present writ petition on 30‑5‑1993. We are, therefore, of the view that this petition also suffers from laches and is accordingly liable to be dismissed.

5. In the circumstances mentioned above we feel that it is not a fit case where discretionary powers under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 should be exercised in favour of the petitioner. This petition, pending disposal in motion, since 30‑5‑1993 is obviously frivolous and is, therefore, dismissed in limine alongwith the C. M. A.A./2187/P Petition dismissed.