| Citation(s) |
|---|
| 2025 SLG 1570 2025 SLD 1570 = 2025 SHC 1706 |
Constitution Petition No.D-1449 of 2023
Mr. Justice Zulfiqar Ali Sangi; Mr. Justice Abdul Hamid Bhurgri.
Petitioner : Tarique Hussain and others, through Mr.Achar Khan Gabol, Advocate. Respondents : Province of Sindh and others, through Mr. Shahryar Imdad Awan, Assistant Advocate General Sindh.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Civil Procedure Code, 1908
Section: 11
Summary
The petitioners, after qualifying written and interview tests for the post of Field Assistant (BPS-11) in the Agriculture Extension Wing, were not issued appointment letters. Instead, others allegedly not part of the recruitment process were appointed. The petitioners challenged this in court, claiming violation of merit and quota policies. The department argued the petitioners did not meet the merit threshold and that all processes were followed per rules and previous court orders. The court found that the petitioners’ current petition was not barred by res judicata since it arose from a new cause of action (the compliance report). However, the court held that the petitioners failed to provide credible evidence of discrimination or illegality, and that disputed factual matters could not be resolved in writ jurisdiction. The petition was thus dismissed.
Core Points
Recruitment Process: Petitioners passed tests/interviews for Field Assistant (BPS-11) but were not appointed.
Allegations: Appointments made in violation of merit and rural-urban quota; petitioners claim favouritism and manipulation.