ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.D-1600, 1608, 1679, 1800, 1897, 1835, 1993, 2057, 2106, 2139, 2244, 2331, 2360, 2413 of 2010, 24, 25, 92, 425, 472, 142, 145, 146, 294, 723, 1287, 1956, of 2011 & C.P.No.D-195 of 2012.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For Katcha Peshi.

09.08.2012.

Messrs. Ali Azher Tunio, Rashid Mustafa Solangi, Safdar Ali Ghouri, Shamsuddin Abbasi, Irshad Ali R. Chandio, Ali Nawaz Ghanghro, Ather Abbas Solangi, Mrs. Leela Kalapna Devi, Ghulam Shabir Shar advocates for petitioners.

Mr. Azizul Haq Solangi, Asstt. A. G.

-.-.-.-.-.-.-.-

The petitioners after advertisement of the respondents for direct recruitment for the post of Assistant Sub-Inspector applied for the above posts and after fulfilling all the requirements appeared and passed written test in open competition conducted by the Board consisting upon the respondents No.3 & 4. Thereafter petitioners were called to appear in interview before the Selection Board by (the then) DIGP, Larkana, the petitioners appeared on 12.11.1995 along with necessary documents and relevant record for the post of Assistant Sub-Inspector. The names of the petitioners were included in the final list of the successful candidates. However the respondents according to the learned counsel for petitioners malafidely kept the list of successful candidates secret and started appointing the persons of their choice by ignoring the petitioners.

A order has been passed by the Honourable Supreme Court on 2^nd February 2010, in Civil Appeal No.57-K, 58-K, 60-K to 97-K, 99-K to 108-K/2009 whereby by consent of (the then) Addl. A. G Sindh, the Honourable Supreme Court under the instructions of IGP Sindh formed the committee consisting of Messrs Bashir Ahmed Memon, Sanaullah Abbas and Abdul Khalique Shaik, all DIGP to enquire the letters and verify the documents and recommend the appointments. Today learned counsel for the petitioners has placed on record an order passed in Civil Petition for leave to Appeal No.15-K/2012 passed on 03.5.2012, wherein the Addl. A. G Sindh had opposed the prayer on the ground that the matter is of past and closed one and the Committee had already made recommendations about a year ago and now no one else can be accommodated.

Mr. Azizul Haq Solangi, learned Asstt. A. G opposed the submissions made by the learned counsel for the petitioners.

Te Honourable Supreme Court in its order dated 02.5.2012 in Civil Petition for Leave to Appeal No.15-K/2012 in paragraph No.4 of the order has observed as under :

“In our opinion, as some of the batch mates of the Petitioner have been entertained by the department, then at-least the Petitioner should be given a similar chance. Consequently, we would direct the Respondents to examine the Petitioner and subject him to the same tests as those undergone by his batch mates including medical and thereafter place their report before this Court.”

In view of the dictum laid down by the apex Court in similar case, we hereby direct the respondents to examine the cases of the petitioners and in case they are found fit and eligible they may be considered for the said posts, otherwise submit detailed report before this Court. This exercise shall be done within three months time.

Judge