IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–2149 of 2018

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on O/objection at flag-A.

2. For hearing of CMA No.10614/18

3. For hearing of main case.

Date of hearing: 05.11.2020

Mr. Mohammad Qayyum Arain Advocate for petitioners.

Mr. Shaharyar I. Awan AAG.

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Through instant Constitutional petition, petitioners have challenged the act the respondents particularly respondents No.1 to 5 for rejecting results of NTS and re-conducting all the tests through respondent No.8 Pakistan Testing Services/PTS though they were qualified all tests conducted by NTS.

Learned Counsel for petitioners contended that the factual perspective is that the petitioners in response to an advertisement, which appeared in daily newspaper applied, for the post of Police commandos Recruitment in Sindh, called as Special Security Unit (SSU) whereby the applications have been invited from the deserving candidates through NTS. The petitioners being deserving candidates have applied for the post of Police Commandos BPS-5 in SSU, the petitioners passed NTS and such result was issued in their favour. Thereafter the NTS conducted psychometric test of all qualifying and were cleared. Despite achievements, the respondents have rejected the results of NTS and intended to re-conduct all tests through respondent No.8, hence the petitioners have grave apprehension of their discrimination. He prayed for allowing instant petition.

Learned AAG submits that in the the meeting of Recruitment Committee of SSU Board comprising of DIGP/RRF Sindh board it was held that physical test of shortlisted candidates in SSU shall be re-conducted through third Party Testing Service but the petitioners did not bother to appear in the latter test therefore, they are not entitled to be appointed on the posts applied for and their request may be turned down.

Heard learned Counsel for parties.

In response to notice, the AIGP/Legal-II furnished his comments. In reply to the para-9 of the comments, the respondent No.4 submitted that advance psychometric and physical tests were conducted by the Selection Committee and in the meeting headed by Recruitment Committee Board it was decided that advance psychometric and physical Test of shortlisted candidates in SSU shall be re-conducted through third party Testing Service i.e PTS in which the petitioners did not participate or appear in the advance tests conducted by PTs then the claim of the petitioners is preposterous as one hand they claim that discrimination has been made with them and on the other hands they have failed to participate in the process of psychometric and physical test thus, the discretion exercised by an authority is unfettered and is harnessed with rules and policy and no discrimination has been made with the petitioners.

In view of above, we are of the considered view that the petitioners have not come with clean hands. Accordingly, instant petition being meritless is dismissed along with listed application.

J U D G E

J U D G E

Ihsan.