| Citation(s) |
|---|
| 2007 SLG 3047 2007 SLD 3047 2007 PLJ 249 |
Sindh High Court
Const. P. Nos. D-94, D-97, D-99, D-101, D-102 and D-103 of 2007, decided on 30.3.2007.
NADEEM AZHAR SIDDIQI AND MUNIB AHMAD KHAN, JJ.
Mr. Ali Azhar Tunio, Advocate for Petitioners (in C.Ps. Nos. D-94/2007, 99/2007 and 103/2007). Mr. Aftab Ahmed Gorar, Advocate for Petitioner (in C.Ps. Nos. D-97/2007 and 101/2007). Mr. Muhammad Saleed Jassar, Advocate for Petitioner (In C.P. No. D-102/
Const. P. Nos. D-94, D-97, D-99, D-101, D-102 and D-103 of 2007, decided on 30.3.2007.
NADEEM AZHAR SIDDIQI AND MUNIB AHMAD KHAN, JJ.
Mr. Ali Azhar Tunio, Advocate for Petitioners (in C.Ps. Nos. D-94/2007, 99/2007 and 103/2007). Mr. Aftab Ahmed Gorar, Advocate for Petitioner (in C.Ps. Nos. D-97/2007 and 101/2007). Mr. Muhammad Saleed Jassar, Advocate for Petitioner (In C.P. No. D-102/
IQBAL AHMAD and others
VS
GOVERNMENT OF Sindh court through Secretary, Home Department, Karachi and others--Respondents
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional jurisdiction--Question of laches--Petitioners applied for the post of ASI--Cleared written test and interview/viva voco--Merit list was kept secret--Determination--Question of laches in petitions is always considered in the light of conduct of the person invoking the constitutional jurisdiction of High Court. [P. 252] C Constitution of Pakistan, 1973-- ----Art. 199--Applications were invited for appointment--Cleared written test, interview/viva voco--Merit list was kept secret--Entitlement for appointment--Question--Determination--Petitioners have cleared all tests but they have failed to produce any documents to show that they have cleared interview/viva voco and have been recommended for appointment and in absence of any proof in this regard they are not entitled for appointment. [P. 252] D Constitution of Pakistan, 1973-- ----Art. 199--Questin of laches--Equitable relief--Discretionary relief--Principle--Applications were invited for appointment--Cleared written test/interview and viva voco--Merit list was kept secret--Question of laches is to be examined on equitable principle for the reason that discretionary relief in exercise of Constitutional jurisdiction is always granted in the name of equitable relief, if equity leans in favour of petitioner the discretion is to be exercised in their favour. [P. 253] E Constitution of Pakistan, 1973-- ----Art. 199--Constitutional jurisdiction--Cause for enforcement of right--Premise of laches--Guilty of--Applications were invited for appointment--Cleared written test/interview and viva voco--Merit list was kept secret--Assailed--If Courts come to conclusion that equity leans in favour of such party--However, if Court find that party invoking writ jurisdiction of High Court is guilty of contumacious, lethargy, inaction, laxity or gross negligence in prosecution of a cause for enforcement of right, the Court would be justified in non-suiting such person on premise of laches. [P. 253] F Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Civil servant--Appointment--Cleared written test/interview and viva voco--Merit list was kept…
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