| Citation(s) |
|---|
| 2024 SLG 5222 2024 SLD 5222 2024 PLC 396 |
Sindh High Court, Sukkur Bench
Constitution Petitions Nos.D-404, D-424, D-431, D-440, D-441, D-446, D-447, D-452, D-454, D-457, D-458, D-462, D-485, D-492, D-497, D-498, D-500, D-504, D-515, D-526, D-527, D-532, D-535, D-537, D-542, D-549, D-555, D-556, D-557, D-571, D-579, D-589, D-607, D-620, D-626, D-631, D-659, D-680, D-682, D-708, D-717, D-728, D-731, D-736, D-755, D-783, D-806, D-828, D-869, D-872, D-912, D-921 and D-964 of 2023 decided on 31st August, 2023. Date of hearing: 24th August, 2023.
Before Muhammad Iqbal Kalhoro and Arbab Ali Hakro, JJ
Sohail Ahmed Khoso, Sheeraz Fazal, Muhammad Raza Soomro, Achar Khan Gabol, Shabbir Ali Bozdar, Sundar Khan Chachar, Farhan Ali Shaikh, Farman Ali Rajput, Muhammad Aslam Gadani, Amanullah Bugti, Abdul Naeem Pirzada, Asadullah Arbani, Athar Hussain Abro, Deedar Ali M. Chohan, Hamid Ali Memon and Ajeebullah Junejo for Petitioners. Ashfaque Hussain Abro, Assistant Attorney General for Federation of Pakistan. Ali Raza Baloch, Assistant Advocate General for Province of Sindh.
Constitution Petitions Nos.D-404, D-424, D-431, D-440, D-441, D-446, D-447, D-452, D-454, D-457, D-458, D-462, D-485, D-492, D-497, D-498, D-500, D-504, D-515, D-526, D-527, D-532, D-535, D-537, D-542, D-549, D-555, D-556, D-557, D-571, D-579, D-589, D-607, D-620, D-626, D-631, D-659, D-680, D-682, D-708, D-717, D-728, D-731, D-736, D-755, D-783, D-806, D-828, D-869, D-872, D-912, D-921 and D-964 of 2023 decided on 31st August, 2023. Date of hearing: 24th August, 2023.
Before Muhammad Iqbal Kalhoro and Arbab Ali Hakro, JJ
Sohail Ahmed Khoso, Sheeraz Fazal, Muhammad Raza Soomro, Achar Khan Gabol, Shabbir Ali Bozdar, Sundar Khan Chachar, Farhan Ali Shaikh, Farman Ali Rajput, Muhammad Aslam Gadani, Amanullah Bugti, Abdul Naeem Pirzada, Asadullah Arbani, Athar Hussain Abro, Deedar Ali M. Chohan, Hamid Ali Memon and Ajeebullah Junejo for Petitioners. Ashfaque Hussain Abro, Assistant Attorney General for Federation of Pakistan. Ali Raza Baloch, Assistant Advocate General for Province of Sindh.
ALI HASSAN and 20 others
VS
PROVINCE OF SINDH through Secretary Home Department, Sindh Secretariat, Karachi and 3 others
Law:
Section:
Civil service-------Recruitment process---Favouritism and nepotism, allegation of---Proof---Petitioners / candidates were aggrieved of their rejection in selection process for the posts of Prison Constables---Validity---Petitioners / candidates raised allegations of favouritism and nepotism on the part of authorities but it was a mere accusation as no material in support thereof was produced---High Court declined to declare recommendations made by authorities regarding 1253 candidates, as discriminatory and violating the law and Constitution without impleading those candidates as party---Criteria for appointment were to be formulated and fixed by Selection Committee and no vested right was created in favour of petitioners/candidates who were declared failed in their interviews---High Court could not intrude in the matters of candidates' fitness for a particular post as this was best assessed by the functionaries entrusted with the responsibilities, such as Public Service Commission---High Court declined to interfere in selection process---Constitutional petition was dismissed, in circumstances.Asif Hassan and others v. Sabir Hussain and others 2019 SCMR 1970; Arshad Ali Tabassum v. The Registrar, Lahore High Court, Lahore 2015 SCMR 112 and Muhammad Ashraf Sangri v. Federation of Pakistan and others 2014 SCMR 157 rel.ORDERARBAB ALI HAKRO, J.----Through this common order, we intend to dispose of captioned petitions as similar law questions, facts, and almost identical relief(s) are involved.2. The matters in hand are related to the appointment of Prison Constables in the Sindh Prison and Corrections Service Department, Government of Sindh, besides facts of a similar nature are narrated in the memo. of captioned petitions. Precisely, the Respondents invited applications for appointment of Prison Constables (BPS-05) in Sindh Prison and Corrections Service Department, Government of Sindh, through consolidated advertisement published in Daily newspaper "Kawish" having cut of date i.e. 22.08.2022 for submission of applications. In pursuance of publication, ibid, the petitioners applied for the post of Prison Constable and submitted their testimonials documents…
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