' I intend to decide the following writ petitions by one consolidated order having similar facts and law: W.P. No .22033 of 2001, W . P. No . 22037 of 2001 and W.P.No,22038 of 2001
2. The case of the petitioners is that according to the Federal Public Service Commission Competitive Examination Rules, 2000 the upper age limit for Government Servants was 35 years while for others it was 30 years. The grievance in these petitions is that the upper age limit has been reduced to 30 years for the Government servants and 28 years for others.
3. Mr. Muhammad Ahmad Qayyum, Advocate submits that Amin-ur-Rehman etc. Being aggrieved challenged the vires of the impugned Notification through W.P.No,12351 of 2001 which was dismissed by the learned single Judge vide order dated 4-7-2001. The aforesaid Amin-ur-Rehman etc. Being aggrieved filed Intra-Court Appeal No,656 of 2001 which was also dismissed by the Division Bench of this Court vide judgment dated 19-11-2001. Amin-ur-Rehman etc. Being aggrieved filed C.P.No, 3792-L of 2001 along with Civil Miscellaneous No,1364/L of 2001 in which the aforesaid petitioners were allowed to take the examination by the Honourable Supreme Court vide order dated 7-12-2001. Learned counsel of the petitioners submits that the respondents accepted the admission forms of aforesaid persons but rejected the admission forms of the petitioners without any justification. Therefore, the action of the respondents is hit by Article 25 of the Constitution. He further submits that judgment of the Honourable Supreme Court is binding on each and every organ of the State by virtue of Articles 189 and 190 of the Constitution. He further submits that a beneficiary of an executive order acquires vested right. In support of his contention he relied upon Messrs Gatron Industries Limited's case (1999 SCMR 1072). Awan Muhammad Hand, Advocate for petitioners in W.P. No,22037 of 2001 and W.P.No,22038 of 2001 also adopted the arguments of Mr. Muhammad Ahmad Qayyum, Advocate. In addition to that he submits that respondents did not receive the admission forms of the petitioners and submits that a direction be issued to the respondents to postpone the examination for one month in the interest of justice and fair play.
4. I have given my anxious consideration to the contentions of the learned counsel of the petitioners. The question of law has already been settled by this Court in W.P.No,12351 of 2001 and I.C.A No,656 of 2001. In this view of the matter, writ petitions have no merits. It is settled principle of law that admission order or leave granting order is not a judgment as per principle laid down by the Honourable Supreme Court in Adam Khan Mirza v. Muhammad Sultan (PLD 1975 SC 9). The aforesaid proposition of law is considered by the Karachi High Court in Yousaf A. Mitha and 3 others v. Aboo Bakar and two others (PLD 1980 Karachi 492) and laid down the following principle:- "I am, therefore, of the view that even if stay has been granted by the Supreme Court, unless the D.B. Decision of this Court (Reported in PLD 1975 Karachi 944) is set aside by the Supreme Court, the law laid down therein is binding on me apart from the fact that the stay granted will apply inter parties in that matter only."
' The writ petition is also not maintainable in view of the law laid down by the Honourable Supreme Court in Federation of Pakistan v.Mirza Muhammad Irfan Baig and 4 others (1992 SCM It 2430). In view of what has been discussed above, these writ petitions have no merits. However, in the interest of justice and fair play let copies of the writ petitions be sent to the Chairman, Federal Public Service Commission who is directed to look into the matter personally in parental jurisdiction under the hardship regulation and pass an appropriate order strictly in accordance with law as expeditiously as possible. Learned counsel of the petitioners are directed to hand over copies of the writ petitions to Mr. Sher Zaman Khan, Deputy Attorney-General who is directed to send the same to Chairman Federal Public Service Commission for necessary action and compliance.
With these observations the writ petitions are disposed of. Copy `dasti' on payment of usual charges.