ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D–2016 of 2009

Date Order with signature of Judge

1. FOR ORDER ON CMA No.4257/2010

2. FOR ORDER ON CMA No.3448/2010

26^th April, 2010

Mr. Abdul Salam Memon, Advocate for petitioners.

Mr. Adnan Karim, A.A.G.Sindh a/w DSP Sayed Raza Hussain

Shah DSP Training & Recruitment, CCP Karachi

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Respondent No.4 CCPO Karachi has filed two comments; one is in reply C.P. No.D-2016/2009 and other in reply to CMA No.136/2010 of the same petition.

It appears that all the petitioners except petitioner Nos. 17, 19, 28 and 30 have been appointed as police constables and their grievances have been redressed.

As regards petitioner Nos.17 and 30, it is stated that they were unfit being short in height and were not appointed. As regards petitioner No.19, it is stated that process of obtaining verification of his antecedent is being carried out and as regards petitioner No.28, it is stated that he has remained absent.

Petitioners counsel has no cavil regarding non-appointment of the petitioner Nos.17, 28 and 30. He, however, states that Intervener No.4 in CMA No.136/2010 namely; Ahmed Khan son of Mohammad Akram has not been appointed, in respect whom it is stated in the comments that he was below threshold of 90 marks and thus his case for appointment has not been considered.

Counsel for petitioners states that there is no rule fixing 90 marks qualification for appointment as police constables. Learned A.A.G. has placed before us a copy of order dated 12.3.2010, passed by the Division Bench of this Court in C.P.No.D-311 of 2010 which was also is the case of appointment of police constables and Mr. Abdul Salam Memon appeared as counsel for the petitioners and it is categorically mentioned in the said order that petitioners/interveners who has passed written examination as well as medical tests securing at least 90 marks vis-à-vis the advertisement of 2008 and 125 marks for the candidates who appeared in response to the advertisement of 2009 would be entertained after their antecedents are verified. Petitioners counsel showed his satisfaction to the above order but at the same time has stated that previously in the batch of 2009's candidates, who got lessor marks, have been appointed in the police department. Ultimately, Court passed order noting that it was expected from the CCPO to ensure that if in the past any candidate has been appointed who secured lessor marks than 90 or 100 for the 2008 and 2009 batches respectively then the present petitioners would be given the same treatment.

Petitioners counsel has not shown any instance where any of the candidates securing marks lessor than 90 may have been appointed as police constable rather during his submission he did not mention at all of the order dated 12.3.2010, referred to above. Petitioners counsel is unable to show any wrong doing on the part of respondent in respect of giving of lessor marks to intervenor Ahmed Khan. He, however, states that after his written examination the petitioner was issued letter for medical test in which it was stated that he has been selected.

At this stage, Mr. Abdul Salam Memon counsel for the petitioners interfered the Court while dictating the order, though he was constantly asked not to do so and allow the Court to complete the dictation of the order but he did not cease interference and opened some file from his files and wanted the Court to see some document in it. The Court showed its unhappiness and asked him to refrain himself from causing interference in the dictation of the order by the Court but he kept on insisting the Court to see the document in the file. The Court warned him that if he did not stop, it will be constrained to pass an order of contempt and despite it, he kept on insisting that he is entitled to speak although we had already allowed him full opportunity of arguing the matter before we proceeded to dictate the order. Mr. Abdul Salam Memon, Advocate apparently acted against the set norms for the counsel to argue the case. rather he exceeded became over zealous and was swayed by whims that he can interject the Court while it dictates the order after it has allowed full opportunity of hearing to the counsel. Apparently, through this act the petitioners’ counsel has tried to ridicule the Court which amounts to commission of contempt of Court and thus he is allowed a week time to give his explanation in writing as to why action of contempt of Court may not be initiated against him.

So far the last arguments of the petitioners counsel is concerned, it may be noted that in the consolidated order dated 19.1.2010 passed in C.P.Nos.2444/2009, 35/2010, 49/2010, 82/2001, 125/2010 and 136/2010 which is available in the Court file of this petition and relates to the appointment of the police constable in which also Mr. Abdul Salam Memon has appeared as petitioners counsel, it is noted as follows:

“ Consequently, we would direct the C.C.P.O. Sindh to ensure that a comprehensive list is made of those citizens who had cleared the written test in the last batch for appointment as Police Constable and thereafter proceed with the matter in accordance with the merits. As regards those of the petitioners/Intervenors who had cleared both, the written test as well as medical test, after fulfillment of other formalities viz. checking of antecedents, etc. will be immediately issued appointment orders.”

The above quoted order amply shows that appointments are to be made after the written test as well as medical test and fulfillment of formalities viz. checking of antecedents etc. No apparent right has accrued to intervenor Ahmed Khan for being appointed as police constable; more so, when it is mentioned that he has not crossed the threshold of obtaining 90 marks.

We, therefore, find no merit in the arguments of the counsel for petitioners and dismiss both the listed applications.

J U D G E

Aamir/PS