IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D657 of 2017                 :           Liaquat Ali Sanjranivs.

S.S.P Shikarpur & others.

 

For the Petitioner                 :           Mr. Irfan Baddar Abbasi, Advocate.

 

For the Respondents          :           Mr. Liaquat Ali Shar, Addl. A.G.

                                                           

Dates of hearing                  :           16.02.2022.

 

Date of announcement      :           16.02.2022.

 

 

ORDER

 

Agha Faisal, J.         Petitioner seeks appointment as a police constable upon assertion that he was a successful candidate in the recruitment process in such regard. The respondents have placed documentation on record to state that the petitioner did not qualify on account of being deficient in height. It was further added that height requirement is pre-requisite of the recruitment process and the petitioner’s counsel articulated no cavil in such regard. The height of the petitioner and other such qualificatory physical attributes are a matter of factual enquiry, notwithstanding the fact that the comments filed by the respondents herein have not been controverted by the petitioner's counsel.It is apparent that no vested right has been demonstrated before us to merit invocation of the discretionary[1] writ jurisdiction of this Court and even otherwise this matter is fraught with factual controversy, not amenable for adjudication in writ jurisdiction[2]. In view hereof, this petition is found to be without merit and is hereby dismissed.

 

 

                                                                   JUDGE

 

JUDGE

                  



[1]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.

[2]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.