| Citation(s) |
|---|
| 2016 SLG 1412 2016 SLD 1412 2016 MLD 253 |
Sindh High Court
Constitutional Petition No. D-783 of 2012, decided on 14th November, 2014. Date of hearing: 28th October, 2014.
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JUSTICE
Ashiq Muhammad for Petitioner. Obaidur Rehman for
Respondents Nos. 1, 3 and 8.
Constitutional Petition No. D-783 of 2012, decided on 14th November, 2014. Date of hearing: 28th October, 2014.
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JUSTICE
Ashiq Muhammad for Petitioner. Obaidur Rehman for
Respondents Nos. 1, 3 and 8.
MUHAMMAD SAMIULLAH - er
VS
KARACHI PORT TRUST through Manager Human Resources and 8 OTHERS --Respondent
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan --------- ----------Art. 199 --------- Constitutional jurisdiction, invocation of --------- Criteria --------- Educational Institution --------- Advertisement for admission in Apprenticeship Training Program --------- Basic qualification being Matriculation either in the Science or Technical Group only --------- Petitioner having Matriculation in the General Group --------- Scope --------- Assertions made by the petitioner were without any substance or convincing proof in support thereof --------- High Court while exercising constitutional jurisdiction could look into only settled facts which were discernable on the face of the record --------- If facts were settled, recognizable, noticeable, transparent, obvious, palpable and floating on the face of record, might be disputed ordinarily by the other party, High Court could act upon such facts and if same were uncertain then High Court would not embark upon the same --------- Allegations made by the petitioner required a process recording of evidence and its deep probe was compulsory which could not be embarked upon in exercise of constitutional jurisdiction --------- Petitioner had failed to pinpoint any material irregularity or lack of transparency in the selection procedure adopted by the Department for admitting the candidates for the program --------- Petitioner had neither collected any material nor applied to seek any information in black and white leading towards alleged wrongdoings of the department before questioning the validity of whole process --------- Petitioner had not provided the requisite information with regard to references of two respectable persons (Not related to the applicant) --------- Petitioner had not submitted complete form in all respect and did not meet eligibility requirements --------- No Fundamental Right of the petitioner had been violated --------- Petitioner could pursue his remedy before the proper forum in accordance with law --------- Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---------- The petitioner has filed the instant Constitutional Petition seeking following relief(s):- (1)…
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