Doctrine of Laches

Authority in order to implement direction of Supreme Court given in its judgment, constituted a Committee to consider equivalence of B. Tech. (Hons. ) Degree with B. Sc. BE. Degree in the light of decision of Supreme Court—Committee after discussing in detail case of equivalence decided that candidates holding qualification of B. Tech. (Hons. were to be considered for promotion—As per recommendations of the Committee, two persons were promoted as Assistant Divisional Engineers—Order for formation of Committee and said order of the promotion were not challenged by any one—Petitioner had filed petition after about three years from the formation of Committee and the promotion on which petitioner had prayed for issuance of a direction in the nature of quo warranto asking the promotees as to under what authority of law they were holding promoted posts and that they be restrained from acting as such —Petitioner had failed to show any reason that why he did not challenge formation of Committee and promotion soon after passing orders in that respect

Writ filed by petitioner was hit by laches—Petitioner if had any grievance, could file representation against the said promotion and in case of dismissal of his representation, he could approach the Service Tribunal—Writ of quo warranto, otherwise could not be issued as petitioner himself was party—Writ of quo warranto was not maintainable if it was filed by an interested person or who was ffected, himself by impugned order. (b) Constitution of Pakistan (1973)– —-Arts. 199 & 212—Service Tribunals Act (LXX of 1973), S. 4– Constitutional jurisdiction, exercise of—Due to bar contained under Art. 212 of Constitution of Pakistan (1973); matters relating to terms and conditions of service, could not be entertained in Constitutional jurisdiction of High Court even under the garb of issuance of illegal Notification—Orders even if passed without jurisdiction, with mala fide intention or on political basis, could only be challenged before Service Tribunal. Zahid Akhtar’s case PLD 1995 SC 530 ref. Ch. Irshadullah Chatha for Petitioner

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