| Citation(s) |
|---|
| 2020 SLG 1736 2020 SLD 1736 2020 PLC 682 |
Sindh High Court
Constitutional Petition No. 4492 of 2012, decision Dated: 26-09-2018, hearing Date : 24-09-2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Ali Asadullah Bullo for Petitioner. Sheryar Mehar for
Respondent No. 1. Haq Nawaz Talpur for
Respondents Nos.2 and 3.
Constitutional Petition No. 4492 of 2012, decision Dated: 26-09-2018, hearing Date : 24-09-2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Ali Asadullah Bullo for Petitioner. Sheryar Mehar for
Respondent No. 1. Haq Nawaz Talpur for
Respondents Nos.2 and 3.
SIBGHATULLAH SHEIKH
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY, SINDH SECRETARIAT, KARACHI AND 2 OTHERS
Law:
Section:
Civil service--- ----Appointment---Candidate having qualified written test and interview was not issued appointment letter---Validity---Mere selection in the test/interview did not confer right upon the candidate to be issued offer letter for appointment---Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the captioned Constitution petition, Petitioner is seeking appointment as Assistant Engineer (Civil) in Sindh Technical Education and Vocational Training Authority (STEVTA). 2. The relevant facts of the case as spelt-out from the pleadings of the parties are that the Petitioner was selected for appointment as Assistant Engineer (Civil) in Sindh Technical Educating and Vocational Training Authority but the offer letter had not been issued to him after passage of considerable time. 3. Mr. Ali Asadullah Bullo, learned counsel for the Petitioner has argued that the Respondent- Authority failed and neglected to issue appointment order to the Petitioner for the post of Assistant Engineer without a lawful justification; that Petitioner succeeded in test and interview for the aforesaid post but the Respondent Authority appointed another person in place of the Petitioner, which act of the Respondents is illegal, unlawful and unconstitutional. 4. Upon query as to how the instant petition is maintainable on the premise that there were four posts of Assistant Engineer (Civil) and the Petitioner stood at serial No. 5 and the only candidate appointed against the post obtained 118 marks then the Petitioner who obtained 117 marks. The learned counsel for the Petitioner has stated that the Competent Authority approved the appointment of the Petitioner vide Note for Chairman / Minister, STEVTA and argued that once approval was accorded by the Competent Authority, the Respondents cannot withhold the appointment of the Petitioner for the reason that the Petitioner succeeded in qualifying the requisite exam/interview for the post of Assistant Engineer (Civil). 5. Mr. Haq Nawaz Talpur, learned counsel for STEVTA has contended that the STEVTA Board invited applications in the month of March 2010 for the post…
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