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SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BALUCHISTAN versus AMTULSALAM SAMI


Article 188 read with the Supreme Court Rules, 1956, rejected the AXXVI revision request because it becomes a dispute between the facts and the circumstances of the dispute The dispute is not a direct issue nor does such record appear Can be called a patent of error. If the same thing happens in another case, it will be open for consideration [Review]

1980 S C M R 189

Present: Dorab Patel, Muhammad Haleem and G. Safdar Shah, JJ

SECRETARY, HEALTH DEPARTMENT, GOVERNMENT

OF BALUCHISTAN ‑Petitioner

versus

Miss AMTUL SALAM SAMI AND OTHERS‑Respondents

Civil Review Petition No. 7‑R of 1979, decided on 20th March, 1979.

(On review of the order of the Court dated 10‑1‑1979 in C. P. 131‑R of 1978).

Constitution of Pakistan (1973)‑

‑‑ Art. 188 read with Supreme Court Rules, 1956, O. XXVI‑Review Petition dismissed as having become infructuous in facts and circumstances of case‑Controversy not a live issue nor such as could be called as an error patent on face of record‑Petition dismissed with remarks that question would be open for consideration if same arose in some other case.‑[Review].

Muhammad Ahmed Mirza, Advocate‑General (Baluchistan) and Cit. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Respondent No. 1 in person.

Date of hearing: 20th March, 1979.

ORDER

MUHAMMAD HALEEM, J

.‑The petitioners seek review of the order dated 10th of January, 1979, by which Civil Petition No. 131‑R of 1978, was disposed of as being infructuous.

The Advocate‑General, Baluchistan, contends that the question as to the entitlement for the reserved. seats under category of para. 13 of the Prospectus, irrespective of the dismissal pursuant to the decision of the Inter‑Provincial Coordination Committee, requires consideration in the face of the judgment of the High Court as it will affect a number of other cases. But this controversy, in our view, is not a live issue nor can it be called as an error patent on the face of the record for the petition was dismissed as having become infructuous in the facts and circumstances of the case. However, this question will be open for consideration if it arises hereafter in some other case.

With this observation this petition is dismissed.

Petition dismissed.

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