' MIAN SAQIB NISAR, J.---The instant appeal has been filed against the judgment dated 29-12-1997 passed by learned Single Judge in Chamber in Writ Petition No,29440 of 1997, whereby the petition of the appellants was dismissed in limine. The grievance voiced by them was that, they alongwith others, had appeared in the examination held by the High Court for the purpose of recruitment/appointment of the Readers of this Court. The petitioners had secured qualifying marks, but certain candidates (appearing at Serial No, 22 to 30 as respondents in the writ petition) had been declared successful by granting to them, two grace marks in paper No,
1. This according to the appellants, is an illegal and unlawful action. Thus assailed in writ.
2. When confronted, whether a right to appeal is available to the appellants in terms of clause 20 of the High Court Establishment (Appointment & Conditions of Services) Rules, the learned counsel 'states that as representation filed by the appellants has not so far been disposed of consequently the remedy of appeal cannot be availed by them, therefore, the instant Inter Court Appeal would be competent.
3. We are afraid that the above contention of learned counsel is not well-founded for two reasons; firstly, the proviso to section 3 of the Law Reforms Ordinance, 1972, clearly states, that if the application before the High Court arises out of any proceedings in which law applicable provides for at least one appeal; or revision or one review I.-C.A would not be competent. Thus, in the light of above provisions, irrespective of the fact, whether the appellants could not file appeal, due to non disposal of their representation, the present appeal is not tenable.
4. Even otherwise, the submission that the departmental representation of the appellants has not so far been disposed of run contrary to paragraph No,1-(F) at page 7 of the present memo. Of appeal which reads as follow:- "The appellant filed departmental representation which was dismissed arbitrarily and without assigning any cogent reason."
5. With regard to the question of competency of the writ petitions against the High Court in terms of sub-Article (5) of Article 199 the reasons recorded in our judgment in W.P. No, 18001 of 1998, titled Mian Arif Saeed v. Registrar, Lahore High Court, Lahore, should be read as integral part of this.
6. Consequently, the present appeal is dismissed being incompetent. However, in the interest of justice, we direct the Registrar of this Court, that in case the representation of the appellants is yet undisposed, he may bring the same to the notice of the Honourable Chief Justice so that the matter could be expeditiously attended to.