| Case ID |
05ed8de7-db08-4ce9-8fd4-b1ae99676dae |
| Body |
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| Case Number |
D-723 of 2011 |
| Decision Date |
May 12, 2014 |
| Hearing Date |
Feb 14, 2014 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners seeking appointment as Police Constables. The court held that the petitioners did not have a vested right to be appointed, as they filed their petition after a significant delay, which was considered to be hit by the principle of laches. The court noted that despite the petitioners having cleared the physical and written tests, the delay in filing the petition and the change in circumstances precluded them from obtaining the relief sought. The court emphasized that the grant of relief in constitutional jurisdiction is discretionary and must be exercised judiciously. Ultimately, the petition was dismissed due to the lack of timely action by the petitioners. |
| Summary |
The case involves a constitutional petition filed by Asghar Khan and five others against the Province of Sindh regarding their non-issuance of appointment orders as Police Constables despite passing the required tests. The petitioners argued that they had a vested right to be appointed, but the court found their delay in filing the petition to be unreasonable, falling under the principle of laches. The court ruled that the petitioners did not have a legal right for enforcement under Article 199 of the Constitution at the time of filing. The decision emphasizes the importance of timely action in employment matters and the discretionary nature of relief in constitutional petitions. The case highlights issues of procedural fairness and the rights of individuals in public service appointments. Keywords for optimization include 'constitutional petition', 'vested rights', 'Sindh Police recruitment', and 'legal principles of laches'. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Police,
Home Department Government of Sindh
|
| Judges |
MUHAMMAD ALI MAZHAR,
ABDUL RASOOL MEMON
|
| Lawyers |
Abdul Salam Memon,
Sibtain Mehmood,
Malik Tariq,
Inspector Abdul Rehman
|
| Petitioners |
Petitioner 2,
Petitioner 3,
Petitioner 4,
ASGHAR KHAN,
Petitioner 5,
Petitioner 6
|
| Respondents |
Respondent 2,
Respondent 3,
Respondent 4,
PROVINCE OF SINDH through Home Secretary Government of Sindh
|
| Citations |
2014 SLD 329,
2014 PLC 1292
|
| Other Citations |
1988 PLC (C.S.) 344,
1995 CLC 1453,
2012 PLC (C.S.) 218,
PLD 2007 SC 472,
1995 SCMR 698,
2005 SCMR 534
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|