IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D89of 2019                    :           Asma Waqar vs.

Province of Sindh, through Chief Secretary & others

 

For the Petitioner                 :           Mr. Safdar Ali Ghouri, Advocate

 

For the Respondents          :           Mr.Abdul Hamid Bhurgri, Addl. A.G.

                                                           

Dates of hearing                  :           22.02.2022

 

Date of announcement      :           22.02.2022

 

ORDER

 

Agha Faisal, J.         The petitioner admits to have failed in the competitive process of the Sindh Public Service Commission (SPSC) and seeks to have the said result voided.  Admittedly,an aggregate of 50 marks was required to qualify and per the petitioner’s quantification she obtained 50 marks; whereas per the respondents she obtained 49.5 marks.Counsel seeks to revisit the tabulation process and requires this Court to conduct the said exercise. Such a plea is untenable as it is settled law that adjudication of disputed questions of fact, requiring evidence etc., is not amenable in the exercise of writ jurisdiction[1]. In view hereof, this Court is constrained to observe that no case has been set forth for the invocation of the discretionary[2] writ jurisdiction of this Court, hence, this petition is hereby dismissed.

 

                                                                   JUDGE

 

JUDGE



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

[2]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.