| Case ID |
e0071423-8e65-4426-8a31-ea98e194c127 |
| Body |
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| Case Number |
C.P. Nos. D-5251 of 2014, D-6600, D-6630, D-6675, |
| Decision Date |
Mar 04, 2016 |
| Hearing Date |
Feb 09, 2016 |
| Decision |
The High Court dismissed the constitutional petitions filed by the petitioners challenging the advertisements for the appointments of Chairman, Secretary, and Controller of Examinations in various Boards of Intermediate and Secondary Education. The court held that the advertisements were made according to law, rules, and regulations, and that the petitioners, who held additional charges, had no vested right to promotion. The court emphasized that the appointments were to be made through a competitive process to ensure transparency and merit, and that the controlling authority had the discretion to fill positions as necessary. |
| Summary |
In this case, the Sindh High Court reviewed multiple constitutional petitions challenging the legality of advertisements for the appointment of key positions within the Sindh Boards of Education. The petitioners argued that their rights to complete their tenures were violated by the advertisements, which called for new applications for the positions of Chairman, Secretary, and Controller of Examinations. The court analyzed the relevant laws and regulations governing these appointments, emphasizing the necessity of a transparent and competitive selection process. Ultimately, the court upheld the authority's right to initiate a competitive process, dismissing the petitions on the grounds that the petitioners had no inherent right to promotion based on their interim roles. This case highlights the balance between administrative discretion and the need for meritocracy in public service appointments. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
ANWAR HUSSAIN
|
| Lawyers |
Malik Naeem Iqbal,
Muhammad Saleem Khaslcheli,
Abrar Hasan,
Abdul Salem Memon,
Anand Kumar,
Ali Azhar Tunio
|
| Petitioners |
ABDUL SAMI SOOMRO,
MALIK NAEEM IQBAL,
MUHAMMAD SALEEM KHASLCHELI,
ABRAR HASAN,
ABDUL SALEM MEMON,
ANAND KUMAR,
ALI AZHAR TUNIO
|
| Respondents |
PROVINCE OF SINDH THROUGH CHIEF SECRETARY
|
| Citations |
2016 SLD 2848 = 2016 PLC 787
|
| Other Citations |
Human Rights Case No.14392/2013 and others 2014 SCMR 220,
Doctor Alyas Qadeer Tahir's case 2014 SCMR 997,
Executive District Officer (Revenue), District Khushab's case 2012 PLC (C.S.) 917,
Syed Mahmood Akhtar Naqvi v. Federation of Pakistan PLD 2013 SC 195,
Government of West Pakistan and Accountant General West Pakistan Lahore v. Nasir M. Khan PLD 1965 SC 106,
Muhammad Tariq Malik v. Pakistan through Secretary Establishment Division and others PLD 2014 Isl. 38,
Senior Member BOR and others v. Sardar Bakhsh Bhutta and another 2012 SCMR 864,
Tariq Azizuddin and others case in re: Human Rights Cases Nos.8340, 9504-G, 13936-G, 13635-P and 14306-G to 14309-G of 2009, decided on 28th April, 2010; 2010 SCMR 1301; 2013 SCMR 1205,
Abid Iqbal Hafiz and others v. Secretary, Public Prosecution Department, Government of the Punjab, Lahore and others PLD 2010 SC 841,
Maj. (Recd.) Shehzad Hussain Khan v. Government of the Punjab and others 2001 PLC (C.S.) 249,
Trustees of the Port of Karachi v. Saqib Samdani 2012 PLC (C.S.) 172
|
| Laws Involved |
Sindh Boards of Intermediate and Secondary Education Ordinance (VI of 1972),
Constitution of Pakistan, 1973,
Sindh Board of Technical Education Ordinance, 1970
|
| Sections |
2(g),
12,
14,
15,
17,
18,
28,
199,
10,
16,
17
|