| Case ID |
19fd8022-385c-4075-bf63-07949791ac65 |
| Body |
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| Case Number |
W.P. No. 111 of 2023 |
| Decision Date |
Jan 12, 2023 |
| Hearing Date |
Jan 12, 2023 |
| Decision |
The petition was dismissed due to the lack of maintainability. The petitioner, Muhammad Zahid Khan, had filed a writ petition challenging the recruitment process for Class-IV employees initiated by the Government of Punjab. The court found that the petitioner had no cause of action as the recruitment process was ongoing and he had not yet been aggrieved by any final decision. It was determined that the petitioner approached the court with unclean hands, attempting to exert undue pressure on the respondents while the recruitment was still in progress. The court emphasized that constitutional jurisdiction is meant to enforce clear legal rights, not to establish them. The dismissal of the petition was based on the availability of alternate remedies and the premature nature of the petition, as well as the lack of factual basis for the claims made by the petitioner. |
| Summary |
In the case of W.P. No. 111 of 2023, the Lahore High Court addressed the petition filed by Muhammad Zahid Khan regarding the recruitment process for Class-IV employees by the Government of Punjab. The court ruled that the petition was not maintainable as the recruitment process was still active, and the petitioner had not yet been adversely affected by any actions taken. The court highlighted the importance of coming to the court with clean hands and noted that the constitutional jurisdiction is not to establish rights but to enforce them. This case underscores the principle that a party must show a clear legal right to seek judicial intervention and that apprehensions or mere allegations of misconduct do not suffice to warrant court intervention. The decision also reinforces the idea that there are appropriate channels for grievances, such as the Recruitment Complaint Redressal Cell, which must be utilized before seeking relief from the court. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
GOVERNMENT OF THE PUNJAB
|
| Judges |
Faisal Zaman Khan, J.
|
| Lawyers |
Raja Naveed Azam, Advocate for Petitioner,
Malik Masroor Haider Usman, Addl. A.G for Respondents
|
| Petitioners |
MUHAMMAD ZAHID KHAN
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
2024 SLD 4042,
2024 PLJ 127
|
| Other Citations |
1969 SCMR 141,
PLD 1989 SC 166,
2010 SCMR 105,
2011 SCMR 374,
2011 SCMR 279,
2021 SCMR 624,
2016 SCMR 842,
PLD 2010 SC 969
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|