MUHAMMAD ISMAIL MUHAMMAD SHAI vs HON'BLE CHIEF JUSTICE BALOCHISTAN S — 2023 PLC(CS) 348 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLC(CS) 348 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD ISMAIL MUHAMMAD SHAI vs HON'BLE CHIEF JUSTICE BALOCHISTAN S
Subject matter: Service
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ISMAIL MUHAMMAD SHAI VS HON'BLE CHIEF JUSTICE BALOCHISTAN S.5(b)(1)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Petitioners were from subordinate judiciary who assailed order passed by High Court with regard to their promotions---Validity---Judicial orders of Supreme Court and High Court on jurisprudential plan were already protected from exercise of Constitutional jurisdiction---Subject to provisions of Art.199(5) of the Constitution, it was only the administrative / executive or consultative functions / orders and acts which in fact had been protected under Art.199 of the Constitution--- High Court could not be deemed to be conferred with two distinct characters, i.e. one judicial which was immune from writ, and the other administrative which was amenable to writ--- Petitioners assailed ante dated promotion and seniority to that of respondents which could not be entertained while exercising Constitutional jurisdiction under Art.199 of the Constitution---High Court had already expressed its view in respect of petitioners and could not revisit its own view in subsequent proceedings in petition under Art. 199 of the Constitution--- Constitutional petition was dismissed in circumstances.

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