' Through this Constitutional Petition action of respondent No,2, inviting applications for the posts of Airhostess/Flight Steward, as per conditions prescribed in the public notice published in daily Jang Karachi dated 22-6-2003, without providing any provision therein for relaxation of five years in the Upper Age Limit of 26 years, has been challenged by the petitioner.
2. Precisely, the case of the petitioner is that he is one of the aggrieved persons who would have been entitled to apply for the advertised post of Flight Steward in case the provision of relaxation of five years in the Upper Age Limit had been provided, but due to non availability be such provision he has been denied of such right. The grounds urged in the petition are that the provision for relaxation of age limit upto five years provided in ESTACODE is applicable on respondent No,2, further respondents have been following such practice of relaxation of Age Limit in the matter of appointments on other posts, therefore, non providing of such benefit of relaxation of upper age limit for the posts of Airhostess/flight Steward is a matter of discrimination and violation of fundamental rights of the petitioner, enshrined under Articles 5 and 25 of the Constitution.
3. On notice of the petitioner, respondents have filed their comments wherein they have challenged the maintainability of the petition due to non joining of Federation of Pakistan as party to the petition, lack of locus standi of the petitioner, being not an aggrieved person, and laches. On facts, they submitted that respondent No,2 is a statutory Corporation established under PIAC Act 1956, having its own rules and regulations for running its affairs which are regulated by its Board of Directors, and denied the applicability of ESTACODE on their Corporation. They also denied the allegations of any discrimination or violation of fundamental rights of the petitioner, and prayed for dismissal of the petition.
4. Mr. Muhammad Nawaz Shekh, learned counsel for the petitioner in his arguments reiterated, the facts and grounds, as stated above and urged that petitioner is entitled for the reliefs claimed by him in this petition.
5. In reply, Mr. Yawar Farooqi, learned counsel for respondents, strongly disputed the contention of Mr. Muhammad Nawaz Sheikh about the applicability of ESTACODE and contended that the respondent No,2 is a statutory Corporation established under the PIAC Act 1956 having its own rules and regulations which are being strictly followed, thus, question of applicability of ESTACODE does not arise. Refuting the allegation, of discrimination he highlighted the transparency in the process of selection of Airhostess/Flight Steward as apparent from the qualifications prescribed in the advertisement, providing equal and fair opportunity to all Pakistani citizens without any discrimination. Mr. Yawar Farooqi also recapitulated the grounds urged by the respondents in their comments regarding non maintainability of the petition. To fortify his submissions he placed reliance upon Mumtaz Haider v. Government of Pakistan and Four others (1997 PLC (C.S.) 739) and Democratic Workers' Union CBA v. State Bank of Pakistan and others (2002 PLC (C.S.) 614).
6. We have carefully considered the arguments advanced by the learned counsel, as noted above, perused the material placed on record and the case-law cited at the bar.
7. It has not been disputed by Mr. Muhammad Nawaz Sheikh that the respondent No,2 is a statutory Corporation established under. PIAC Act 1956, having its own rules and regulations for managing its affairs. Further, he was unable to show any provision in ESTACODE to extend its applicability on respondent No,2. In view of this clear position we find no force in the submission of Mr. Muhammad Nawaz Sheikh about the applicability or binding nature of ESTACODE on respondent No,2, for relaxation of Upper Age Limit in the instant case. The other submission of the learned counsel for petitioner with reference to the discrimination or violation of fundamental rights of the petitioner is also equally, without force as the required qualifications given in the advertisement dated 22-6- 2003 appear to be quite rational, indiscriminating and fair, looking to the nature of the job. Mere fact that for some other posts, advertised by respondent No,2 provision for relaxation of age limit was provided in the advertisement does not entitle the petitioner or any other prospective candidate for the posts of Airhostess/Flight Steward to raise the plea of discrimination on such pretext, Moreover, considering the fact that the advertisement inviting applications for the posts of Airhostess/Flight Steward, with last date of application as 15-7-2003, was published in daily Jang Karachi dated 22nd June 2003 while this petition has been filed on 15-11-2003 i,e, after four months of expiry of such last date, by which time the process of selection/appointment must have been either finalized or reached at some advanced stage, we find force in the submission of Mr. Yawar Farooqi that this petition suffers from laches and is liable to be dismissed on this account too.
8. Foregoing are the reasons for our short order dated 27-1-2004 whereby this petition was dismissed in limine.