| Case ID |
36fb26ee-9f8e-4e7c-828e-3c1dae31a6ab |
| Body |
View case body. Login to View |
| Case Number |
D-2533 of 1996 |
| Decision Date |
Apr 04, 1997 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by the petitioners seeking a declaration that the action of the Public Service Commission in not sending their names for appointment as Section Officers was illegal. The court found that the petitioners failed to establish that there was a consistent practice by the Commission to maintain a waiting list of successful candidates for filling vacancies that arose due to non-acceptance by some of the appointed candidates. The court upheld the Commission's decision to publish a fresh advertisement for filling the vacancies and concluded that the petitioners' claims did not merit consideration under the established legal precedents. |
| Summary |
This case revolves around the constitutional petition filed by Ghulam Abbas and another against the Province of Sindh regarding the appointment of Section Officers. The petitioners had successfully appeared in the Combined Competitive Examination 1993 but were not appointed due to a lack of vacancies. When some appointed candidates did not join, the Public Service Commission opted to hold a fresh examination rather than appoint from the reserve list of successful candidates. The court analyzed the practice of the Commission and referenced previous judgments that decried the maintenance of waiting lists in competitive examinations, emphasizing that such practices could lead to unfair advantages and discrimination among candidates. The decision reinforced the legal framework surrounding appointments in public service and the procedural integrity of competitive examinations, ensuring transparency and fairness. Keywords: Sindh High Court, Constitutional Petition, Public Service Commission, Section Officers, Competitive Examination. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED,
S. SAEED ASHHAD
|
| Lawyers |
Abdul Saeed Khan Ghori,
Muhammad Sarwar Khan
|
| Petitioners |
another,
GHULAM ABBAS
|
| Respondents |
another,
PROVINCE OF SINDH through the Chief Secretary, Government of Sindh, Karachi
|
| Citations |
1999 SLD 844 = 1999 PLC 251
|
| Other Citations |
Musa Wazir and 2 others v. N.-W.F.P. Public Service Commission 1993 SCMR 1124,
Dr. Faiz-ur-Rehman v. N.-W.F.P. Public Service Commission, Peshawar 1996 SCMR 589
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Not available
|