Judgment Text

2018 P L C (C.S.) Note 168 [Peshawar High Court] Before Mazhar Alam Khan, CJ and Mohammad Ibrahim Khan, J WASIM SHAHZAD Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar and 4 others Writ Petition No.3784-P of 2016, decided on 18th October, 2016. Khyber Pakhtunkhwa Judicial Service Rules, 2001--- ----R. 7(1)(a)---Appointment against the post of Civil Judge-cum-Judicial Magistrate---Requirements---Posts of Civil Judge-cum-Judicial Magistrate were advertised wherein two years experience at the Bar was prescribed for eligibility---Application of candidate for the post in question was rejected on the ground of deficiency of experience---Validity---Candidate was enrolled with the Khyber Pakhtunkhwa Bar Council on 09-12-2013---Last date for submission of application to apply the post in question was 19-11-2015---Candidate was short of nineteen days than two years experience at his credit---Candidate while submitting his application form had given an affidavit that he would be responsible if he contravened the conditions---Candidates himself was sentient of the required shortcoming---Candidate's own conduct had estopped him to seek any remedy before any forum---Constitutional petition was dismissed in circumstances. [Paras. 7 & 9 of the judgment] Hussain Mohammad v. Vice-Chancellor Islamia College University and others 2015 CLC 500; 2015 SCMR 1418; PLD 1990 Pesh. 127 and PLD 1969 SC 407 distinguished. Zia-ur-Rehman Tajik for Petitioner.…