ALI MUHAMMAD vs Ch. MUHAMMAD ALI and 3 others
This matter originated from a petition for leave to appeal against a High Court judgment that dismissed a Constitutional petition concerning the appointment of a Lambardar. The core legal question before the Supreme Court was whether the High Court correctly exercised its discretionary writ jurisdiction in upholding the Board of Revenue's decision to deny the petitioner's appointment. The High Court had based its dismissal on two primary factors: first, that the petitioner already held the position of Lambardar in two other villages, and second, that the reasoning provided by the Member, Board of Revenue for the refusal was substantial. Upon review, the Supreme Court found no justification to interfere with the High Court's decision. The Court held that the High Court's approach regarding its discretionary writ jurisdiction in Lambardari appointment cases was unexceptionable. Consequently, the petition for leave to appeal was refused, affirming the principle that the High Court's discretionary jurisdiction in administrative appointments, particularly where valid grounds for refusal exist, will not be lightly disturbed by the Supreme Court.
- Can the Supreme Court interfere with the High Court's exercise of discretionary writ jurisdiction in Lambardari appointment cases?
- Is the fact that a candidate already holds the position of Lambardar in other villages a valid ground for the Board of Revenue to refuse a new appointment?
- Article 199, Constitution of Pakistan 1973
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought, against the dismissal by the High Court, of a Constitutional petition which had arisen out of a Lambardari appointment case.
2. The learned Judge in the High Court took note of two aspects of the case. One, that the petitioner who was seeking appointment as Lambardar "is Lambardar of two other villages already". And secondly, that the reason given by the learned Member, Board of Revenue for not appointing the petitioner cannot be regarded as in substantial.
3. ' After hearing the learned counsel for the petitioner on both the questions noted above, we do not find any justification for interference as the approach of the High Court regarding its discretionary writ jurisdiction in Lambardari cases, is unexceptionable. Leave to appeal, therefore,is refused.