IN THE HIGH COURT OF SINDH

AT LARKANA

 

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

 

C.P D-411 of 2016               :           Sher Beg Bijarani and another vs.

Government of Sindh, through Secretary Home Department and others.

 

For the Petitioners               :           Nemo

 

For Official Respondents   :           Mr. Abdul Hamid Bhurgri, Additional Advocate

General, Sindh.

 

Date of hearing                    :           07.05.2024

 

Date of Order                        :           07.05.2024

 

 

ORDER

 

 

Agha Faisal, J.         The petitioners seek a declaration / direction from this Court for them to be appointed in the police department as assistant sub inspectors, despite having remained unsuccessful in the competitive recruitment process in such regard.

 

            The documentation suggests that they had participated in a competitive process in 1995, however, preferred this petition in 2016. Prima facie this petition is barred by laches.

 

            Admittedly, the petitioners were not declared as successful in the competitive recruitment process and no case is made out to inquire into such proceedings, as sought in the petition, inter alia as the writ jurisdiction is not amenable for determination of disputed factual controversies requiring inquiry and / or evidence[1].

 

            Article 199 of the Constitution contemplates the discretionary[2] writ jurisdiction of this Court and the said discretion may be exercised in appropriate circumstances. In the present matter no case has been set forth before us for invocation of writ jurisdiction. In view hereof, 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.