| Case ID |
2c21f290-cd91-4bad-b934-0c2bda734963 |
| Body |
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| Case Number |
C.P. No. D-2650 of 2019 |
| Decision Date |
May 17, 2019 |
| Hearing Date |
May 14, 2019 |
| Decision |
The petition was dismissed in limine as the court found no violation of the petitioner's fundamental rights. The preliminary test was cancelled due to a leakage of the question paper, and all candidates were given a fair opportunity to retake the test. The petitioner failed to attend the retest, which led to the conclusion that allowing her to sit for the second written test without participating in the retest would be discriminatory towards those who complied with the retest requirements. |
| Summary |
In this case, the Sindh High Court addressed the cancellation of a preliminary test for the appointment of Additional District and Sessions Judges due to a question paper leak. The court emphasized the importance of maintaining the integrity of the selection process, stating that the cancellation was justified to ensure fairness for all candidates. The petitioner, who claimed to have scored well based on self-calculation, was denied the right to sit for the subsequent test without participating in the mandated retest. The court highlighted that no vested rights were created from the annulled test results and that all candidates had equal opportunities to participate in the retest. This case underscores the principles of transparency, fairness, and proportionality in judicial review, particularly concerning recruitment processes in the public sector. Keywords that are trending in this context include 'judicial review', 'question paper leakage', 'fundamental rights', 'selection process integrity', and 'fair opportunity in examinations'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
AGHA FAISAL
|
| Lawyers |
Ghulam Asghar Pathan,
Irshad Ali Shar,
Salman Talibuddin
|
| Petitioners |
MS. SABA
|
| Respondents |
THE PROVINCE OF SINDH THROUGH SECRETARY AND 2 OTHERS
|
| Citations |
2020 SLD 339 = 2020 PLC 113
|
| Other Citations |
Darakhshan Jahan v. Province of Sindh PLD 2011 Kar. 212,
Sh. Muhammad Sadiq v. FPSC 2013 SCMR 264,
Asdullah Mangi v. PIAC 2005 SCMR 445,
Sohail Ahmed v. Province of Sindh 2017 PLC (C.S.) 510
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
18,
199,
199(5),
208,
O.IR.10
|