| Case ID |
0abe2168-9c61-450b-b0cb-579d23a02c24 |
| Body |
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| Case Number |
Constitution Petition No.D-24 of 1987 |
| Decision Date |
Mar 17, 1987 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the petitioner, Dr. Shamim Ara Arif, who held a Grade-18 position, challenged the appointment of Respondent No. 2 as a Dermatologist. The court held that the petitioner had applied for the post and submitted to the jurisdiction of the Selection Board, which had unanimously selected Respondent No. 2. The petitioner could not raise objections post-selection, particularly as she did not demonstrate any vested rights in the position. The court reiterated that discretionary relief could not be granted to the petitioner, who was already in a Grade-18 role and had not sought affirmative relief. The dismissal was grounded in the principles of law governing public appointments and the authority of the Selection Board. |
| Summary |
In the case of Dr. Shamim Ara Arif vs. Karachi Metropolitan Corporation, the Sindh High Court addressed the legality of the appointment of a Dermatologist by the Municipal Corporation. The petitioner, Dr. Arif, contested the appointment of Respondent No. 2, arguing that it was made contrary to the provisions of local government rules and lacked jurisdiction. The case hinged on the interpretation of constitutional jurisdiction and the discretionary powers of the Selection Board. The court found that the petitioner had applied for the post and accepted the Board's jurisdiction, thus precluding her from objecting after the fact. The ruling underscored the importance of following established procedures in public service appointments and affirmed that without a vested right, the petitioner was not entitled to relief. This case highlights critical aspects of administrative law and the principles of fair competition in public sector hiring. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Metropolitan Corporation
|
| Judges |
ABDUL QADEER CHAUDHRY, J.,
ALLAHDINO G. MEMON, JJ
|
| Lawyers |
Nasim Farooqi,
Muslim Naqvi,
Zaheer-ud-Din Khan
|
| Petitioners |
Dr. SHAMIM ARA ARIF
|
| Respondents |
KARACHI METROPOLITAN CORPORATION,
Respondent No. 2
|
| Citations |
1988 SLD 506,
1988 PLC 189
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Local Government Manual,
West Pakistan Municipal Committee Service Rules 1965
|
| Sections |
199,
R.80(4),
6(1)
|