| Case ID |
32109982-50fb-4e11-b42c-88dfdd4fb6ec |
| Body |
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| Case Number |
D-723 of 2011 |
| Decision Date |
May 12, 2014 |
| Hearing Date |
Feb 14, 2014 |
| Decision |
The petitioners sought a declaration for the issuance of appointment orders as Police Constables after successfully completing the recruitment process in 2008. The court found that the petitioners had no vested right to enforce their claims under Article 199 of the Constitution, as their petition was barred by the principle of laches due to significant delays in filing. The court emphasized that the discretionary relief in constitutional jurisdiction must be exercised judiciously, and given the delay and changes in circumstances, the petition was ultimately dismissed. |
| Summary |
This case revolves around a constitutional petition filed by a group of candidates who applied for police constable positions in Sindh in 2008. They claimed that despite passing the necessary tests, they had not received their appointment orders. The Sindh High Court ruled against the petitioners, stating that their claims were barred by laches due to the considerable delay in filing the petition. The court reiterated that candidates do not automatically acquire a fundamental right to employment merely by passing written examinations and that appointments are subject to additional legal requirements. This case highlights the importance of timely legal recourse and the principles governing administrative appointments in civil service. The ruling reinforces the discretionary nature of relief in constitutional matters, emphasizing that courts must consider the conduct of parties and changes in circumstances when deciding whether to grant relief. Keywords: constitutional petition, police constable appointments, Sindh High Court, laches, vested rights, discretionary relief. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Sindh Police
|
| 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 2650,
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
|