| Citation(s) |
|---|
| 2021 SLG 2178 2021 SLD 2178 2021 PLJ 307 |
Supreme Court of Pakistan
C.M.A. Nos. 1824, 2357 & 2358 of 2021 in C.P. Nos. Nil of 2021 and C.P. Nos. 802 & 979 2021, decided on 19.5.2021, Date of hearing: 19.5.2021. (On appeal against the judgment dated 12.02.2021 passed by the High Court of Sindh, Karachi in Constitutional Pe
SYED MANSOOR ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Mr. M. M. Aqil Awan, Sr. ASC for Applicants/Petitioners (in C. M. As. No. 1824, 2357 & 2358/2021 & C.P. No. 979/2021). Mr. Mukhtiar Ahmed for Petitioner No. 1 in person. Mr. Javed A. Khan, ASC for
Respondent No. 1-8 (in C.M.A. No. 1824 of 2021). N.R. f
C.M.A. Nos. 1824, 2357 & 2358 of 2021 in C.P. Nos. Nil of 2021 and C.P. Nos. 802 & 979 2021, decided on 19.5.2021, Date of hearing: 19.5.2021. (On appeal against the judgment dated 12.02.2021 passed by the High Court of Sindh, Karachi in Constitutional Pe
SYED MANSOOR ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Mr. M. M. Aqil Awan, Sr. ASC for Applicants/Petitioners (in C. M. As. No. 1824, 2357 & 2358/2021 & C.P. No. 979/2021). Mr. Mukhtiar Ahmed for Petitioner No. 1 in person. Mr. Javed A. Khan, ASC for
Respondent No. 1-8 (in C.M.A. No. 1824 of 2021). N.R. f
GHAYASUDDIN SHAHANI ETC.
VS
AKHTAR HUSSAIN ETC.
Law: Constitution of Pakistan, 1973
Section: 185(3),199
Constitution of Pakistan, 1973-- ----Art. 185(3)--Advertisement for post of vaccinators--Relaxation of criterion of 60 marks to 55 marks--Recommendations of selection committee--Selection process was challenged--Filing of Constitutional petitions--Disposed of--Flows in recruitment process--Non-infringement of fundamental right--Challenge to--We have noticed that High Court after detailed scrutiny and inquiry has only identified certain flaws in recruitment process and directed for removal of those flaws--impugned is not against petitioners rather it only bounds department to strictly follow criterion laid down in advertisement for appointment of vaccinators--High Court has addressed to all issues those were brought forth in recruitment process--Recommendations made by High Court are in furtherance of clarity in process and certainly would defeat any chance of nepotism, favourtism and undue enrichment of individuals--No fundamental right of petitioners has been infringed because recruitment process was initiated through advertisement with certain terms and conditions and only those who fulfill those conditions are eligible to be appointed--High Court has passed a well reasoned to which no exception can be taken--These petitions leaving no merit are accordingly dismissed and leave to appeal is refused. Constitution of Pakistan, 1973-- ----Art. 199--Extraordinary jurisdiction of High Court--Entertain any matter if it is brought into notice that any act done by public functionaries has encroached upon basic rights of people as enshrined in Constitution of Islamic Republic of Pakistan. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.-- Civil Miscellaneous Application Nos. 1824, 2357 2358/ 2021 In Civil Petition Nos. NIL/2021 1. Subject to all just exceptions, these CMAs are allowed. Let the petitions be numbered and fixed today. Civil Petition Nos. 3111, 3112, 3113, 802 979/2021 2. Through these petitions under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have called in question the legality of the judgment of the High Court of Sindh dated 12.02.2021 whereby the Constitutional Petitions filed by the respondents were ‘disposed…
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