2018 PLC(CS)N 5

SHAHID HUSSAIN Versus GOVERNMENT OF GILGIT-BALTISTAN

Citation2018 PLC(CS)N 5

CourtGilgit-Baltistan Chief Court

Judge(s)Muhammad Alam and Malik Haq Nawaz

ORDER

MUHAMMAD ALAM, J.--- This is a writ petition, whereby, petitioners have sought issuance of the directions to the respondents:-

"In view of the above made submissions, it is respectfully prayed that the respondents may graciously be directed to amend the recruitment rules also to make allow five years general relaxation over and above the 33 years prescribed maximum age limit in recruitment to the posts advertised above and petitioners all graduates having 38 years age on the closing date may be declared eligible to compete in the competitive exams 2017.

Any other relief, which this honourable court deems fit and proper in the circumstances of the case, may please also be granted."

2. We have thoughtfully considered arguments advanced by the learned counsel for petitioners. The advertisement challenged through this petition is not disputed. It is also not disputed that counsel for petitioners filed another similar petition (W.P. No.68/2017), with the prayer of similar remedy which another D.B. of this Court did not allow vide order dated 18-04-2017. In our opinion, petitioners were legally bound to first exhaust the forum available to them for the remedy sought through this petition. We are of the further view that petitioners could approach any of the respondents first for the remedy sought and then only file a writ petition. It is an open secret that respondents have powers of extension of upper age limit of any person felt aggrieved from any such limit.

3. Petitioners are among the numerous person who do not qualify the terms and conditions which entitle petitioners to appear in the subject test and interview. Petition in hand cannot be admitted because petitioners want to prolong the tests and interviews planned to be conducted by respondents through the subject advertisement. So the petition in hand is based on mala fides as there may be hundreds of persons who are not qualifying the terms and conditions of the subject advertisement.

4. We, therefore, do not allow admission of this petition for regular hearing and instead we dismiss this petition in limine. Office is directed to send copies of this order to all respondents. Admission of petition for regular hearing is refused and petition dismissed in limine. This file be consigned to record.

ZC/193/GB Petition dismissed.