Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 115

Summary

The petitioner challenged the Sindh Public Service Commission’s (SPSC) handling of the Combined Competitive Examination (CCE) 2020, alleging illegalities including non-allocation of seats despite passing, repeated examinations, and failure to consider waiting candidates fairly. The petitioner claimed breach of legitimate expectation due to delays and fresh advertisements for subsequent CCEs, which affected their age eligibility and chances. The court observed that the CCE-2020 result was set aside due to tampering and was re-conducted under court supervision. The petitioner passed the re-exam but was not allocated a seat due to lower marks compared to the last selected candidate. The court relied on Supreme Court precedents affirming that interview assessments are subjective and courts cannot substitute their opinion for the selection committees unless there is evidence of mala fide or arbitrariness. Allegations of favoritism were unsubstantiated. The court held that allocation of seats and recruitment policy are administrative matters beyond judicial interference unless proven otherwise. The petition was dismissed as devoid of merit.

Core Points

Petitioner’s grievance: Passed CCE-2020 but was not allocated a seat; alleged illegalities in seat allocation and repeated exams caused loss of opportunity and age-related disadvantage.

Court’s finding: CCE-2020 was nullified due to tampering; fresh exam was conducted under supervision; petitioner passed but scored below last selected candidate.