Case Details

Citation(s)
2026 SLG 2254 2026 SLD 2254 = 2026 SHC 208
Sindh High Court
CP No.D-5020 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Malik Altaf Hussain, Advocate for Petitioner alongwith Mr. Rafiullah and Hameed Khan Chakzai, advocates M/s. Hakim Ali Shaikh Additional Advocate General and Sagheer Ahmed Abbasi Assistant Advocate General. Mr. Asad Mufti, representative of District Judge East, Karachi Date of hearing and order:                        04.02.2026 Date of Reasons:                                         12.02.2026

(Saqlain Mushtaq

VS

. learned District & Sessions Judge and another)

Law: Constitution of Pakistan, 1973

Section: 199,3,4,14,15,16

Summary Petitioner was selected for the post of Stenographer (BPS-16) through a proper competitive process but was not issued an appointment letter on the ground that he did not belong to the concerned district. The Court held that under the Sindh Civil Servants (APT) Rules, 1974, especially Rule 14, posts in BPS-16 are to be filled on a provincial basis and not restricted to district domicile. Since the advertisement also allowed candidates from the entire province of Sindh, the requirement of district PRC was illegal at the later stage. The Court found that the petitioner had already completed the selection process and acquired a vested right, and therefore the rejection of his candidature was without lawful authority. The impugned orders were set aside, and the petitioner was declared eligible for appointment with directions to process his case. Sections / Legal Provisions Used (Numbers Only) 199, 3, 4, 14, 15, 16 2 Two-Word Descriptions Domicile Eligibility Appointment Rights       JUDGMENT  Through this petition, the petitioner has claimed following relief(s):- “a) To hold and declare that the Impugned Orders dated 13.03.2025 and 11.08.2025 are illegal, unlawful unconstitutional and afterthought; consequently, to quash the same in exercise of powers available under Article 199 (1)(a)(ii) of the Constitution of Pakistan, 1973. Further the Respondent No.1 be directed to issue appointment order to the Petitioner in terms of consolidated result for the post of Stenographer (BPS-16) announced by the Departmental Selection Committee Pending adjudication of the instant proceedings, the Respondent No.1 be restrained from filling up the post of Stenographer (BPS-16) and/or to keep one post vacant for the Petitioner.” Learned counsel for the petitioner contended that respondent No.1, through advertisement dated 15.06.2023, invited applications for various posts, including Stenographer (BPS-16), for which candidates domiciled across province of Sindh were expressly eligible, while domicile restrictions were imposed only on certain other posts falling in grade 2 to 11; that the petitioner, holding domicile of District Naushahro Feroze,…
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