IN THE HIGH COURT OF SINDH

AT LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

C.P D-2888 of 2011             :           Fahim Ahmed vs.

Province of Sindh &Others

 

For the Petitioner                 :           Mr. Abid Hussain Qadri, Advocate

 

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Additional

Advocate General Sindh.

                                                           

Date of hearing                    :           09.02.2022

 

Date of Order                        :           09.02.2022

 

ORDER

 

Agha Faisal, J.         The petitioner seeks appointment to the post of sub-accountant uponassertion that he has cleared the test and interview in such regard.  The comments of the concerned respondents demonstrate that the petitioner infact did not qualify, as stated, and therefore could not be conferred with the appointment sought. The comments further demonstrate that the applicants who had been declared successful had been mentioned in the merit list and there was no question of the petitioner ever has been included therein.It is apparent that no vested right has been demonstrated before us to merit invocation of the discretionary[1] writ jurisdiction of this Court and even otherwise this matter is fraught with factual controversy, not amenable for adjudication in writ jurisdiction[2]. In view hereof, this petition is found to be without merit and is hereby dismissed.

 

 

                                                                    JUDGE

 

JUDGE

                                                                  

 

 



[1]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.

[2]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.