| Citation(s) |
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| 2026 SLG 682 2026 SLD 682 = 2026 SHC 209 |
Sindh High Court
Const. Petition No. D-2157 of 2008 alongwith CP. D-2963/2011, D-4061/2013, D-7051/2021 and D-1221/2022
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Date of hearing: 04. 02.2026 Dated of Order: 04.02.2026 Dated of Reasons: 12.02.2026 Petitioner No.1 Muhammad Saleem Shaikh alongwith, petitioner No. 2, Azizullah Chandio, Petitoiner No. 14 Imdad Hussain Siddiqui and Mr. Zahid Depar Petitioner in CP.No.2963 of 2013 is present. Mr. Rafiq Ahmed Kalwar Advocate for Petitioner Mr. Raj Ali Wahid Kunwar & Zahoor Ahmed advocates. Mr. Ali Assadullah Bullo, advocate for petitioner. Mr. Muhammad Yasir, advocate for petitioners in CP.No.D-2157/2008 and 2963/2011 Mr. Abdul Jaleel Zubedi, A.A.G. Mr. Saeed Ahmed Leghari, Addl. Secretary SGA& CD alongwith Bhuromal, Addl. Director Law and SGA&CD and Mr. Sanaullah Qazi, Section Officer, SGA&CD, Karachi.
Const. Petition No. D-2157 of 2008 alongwith CP. D-2963/2011, D-4061/2013, D-7051/2021 and D-1221/2022
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Date of hearing: 04. 02.2026 Dated of Order: 04.02.2026 Dated of Reasons: 12.02.2026 Petitioner No.1 Muhammad Saleem Shaikh alongwith, petitioner No. 2, Azizullah Chandio, Petitoiner No. 14 Imdad Hussain Siddiqui and Mr. Zahid Depar Petitioner in CP.No.2963 of 2013 is present. Mr. Rafiq Ahmed Kalwar Advocate for Petitioner Mr. Raj Ali Wahid Kunwar & Zahoor Ahmed advocates. Mr. Ali Assadullah Bullo, advocate for petitioner. Mr. Muhammad Yasir, advocate for petitioners in CP.No.D-2157/2008 and 2963/2011 Mr. Abdul Jaleel Zubedi, A.A.G. Mr. Saeed Ahmed Leghari, Addl. Secretary SGA& CD alongwith Bhuromal, Addl. Director Law and SGA&CD and Mr. Sanaullah Qazi, Section Officer, SGA&CD, Karachi.
Muhammad Saleem Shaikh.
VS
Prov. of Sindh & Ors Sindh High Court, Karachi
Law: Code Of Civil Procedure, 1908.
Section: 151,ORDER 1 RULE 10
Law: Constitution of Pakistan, 1973
Section: 25,27,13(A)
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: 10
Law: Sindh Public Service Commission (Recruitment Management) Regulations,2006.
Section: 8
Summary: The petitioners sought implementation of a prior court order (13.02.2020) regarding alleged irregularities in CCE-2003 (Combined Competitive Examination) and requested appointment in Sindh civil service on merit. An Inquiry Commission was constituted as directed and submitted its report, confirming irregularities and possible manipulation in the examination process. However, due to passage of time (over 15 years) and missing records, the Commission could not conclusively determine which candidates were genuinely deprived or recommend appointments. The Court held that: The Inquiry Commission complied with earlier directions; hence, no contempt was made out. Petitioners failed to prove they were wrongly deprived of jobs. No recommendation by SPSC existed in favor of petitioners, which is mandatory for appointments. The Court cannot act as a recruiting authority or direct appointments (avoiding judicial overreach). Claim based on equality (Articles 25 & 27) was rejected, as negative equality (benefit from illegality) is not allowed. Outcome: All applications were dismissed, and no directions for appointment were issued. Sections / Legal Provisions Used: Civil Procedure Code (CPC): Section 151 – Inherent powers of the Court Order I Rule 10 – Impleading parties Constitution of Pakistan: Article 25 – Equality before law Article 27 – Equality in public service Article 13(a) – Protection against double punishment (discussed principle-wise earlier context) Sindh Civil Servants Law: Sindh Civil Servants Act, 1973 Rule 10, Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974 Sindh Public Service Commission Law: Section 8, SPSC Act, 2022 – Functions of SPSC Two 2-Word Descriptions for the Case: Service Appointment Petition Dismissed O R D E R This petition along-with other connected petitions was disposed of through a common order dated 13.02.2020. The captioned CMAs have been filed for implementation of the order and issuance of directions for appointment of petitioners on the basis of result of Combined Competitive Examination 2003 (CCE -…