ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D-2352 of 2010

Date	Order with signature of Judge

1. For order on C.M.A No. 6381/2010.

2. For Katcha Peshi.

14-03-2016

Mr. Qurban Ali Malano, advocate for the petitioner.

Mr. Liaquat Ali Shar, learned Additional Advocate General, Sindh a/w Fida Hussain Solangi D.S.P (L) on behalf of DIGP, Sukkur Range, Sukkur and S.I.P Ghulam Hayder on behalf of S.S.P Sukkur.

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Though instant petition, the petitioners have claimed for the same treatment given by the respondents pursuant to orders passed by the High Court, Principal Seat at Karachi on 24.12.2008 in C.P Nos. D-871 to 925 and C.P No. D-2246 of2008 and order passed by the Hon’ble Supreme Court on 02.02.2010 in Civil Appeals No. 57-K, 58-K, 60-K to 97-K & 99-K to 108-K of 2009, whereby according to the learned counsel for the petitioners a committee was constituted under the supervisions of D.I.G Bashir Ahmad Memon to examine the eligibility of the petitioners to be appointed as A.S.I in the year 1995, where after their cases were required to be considered strictly in accordance with law as per rules and policy if any.

Pursuant to court notice, comments have been filed by the respondents. Learned Addl. Advocate General, raised an objection with regard to maintainability of instant petition on the grounds that instant petition suffers from latches as it has been filed after lapse of about 12 years from the date of the subject recruitment process, which was scheduled in the year 1995. He has further submitted that the petitioners did not even file the petition along with the above other petitions, therefore, their case cannot be treated at bar with the above petitions. Learned Additional Advocate General further submits that the petitioners are not otherwise eligible to be given appointment as A.S.I on various accounts.

We have heard the learned counsel for the parties and perused the record which reflects that there is inordinate delay in filing the instant petition, which admittedly has been filed after lapse of 12 years from the date of recruitment process which was initiated in the year 1995. Moreover, comments filed by respondents reflects that petitioners did not qualify the test on merits, therefore, they were not declared as successful candidates, hence, not appointed as A.S.I pursuant to recruitment process in the year 1995. Accordingly, we are not inclined to entertain the request of the petitioners and to reopen the entire recruitment process on the mere allegations by petitioners, who otherwise had slept over their right, if any, for the reasons not disclosed in the petition. Appointment as A.S.I otherwise is to be made through Sindh Public Service Commission examinations and not through frivolous petitions. Accordingly, instant petition being devoid of any merits, is hereby dismissed along with listed application.

Judge

Abdul Salam/P.A