IN THE HIGH COURT OF SINDH, CIRCUIT COURT

LARKANA

Constitutional Petition No. D-  2661 of 2011.

Present:

                                                            Mr. Justice Muhammad Saleem Jessar.

                                                            Mr. Justice Jawad Akbar Sarwana.

Jinsar Ali Bhutto.                                                                 ……..………….Petitioner.

Versus

Province of Sindh

& others.                                                                                …….…..….Respondents.

            Mr. Naushad Ali Tagar, Advocate for petitioner.

Mr. Munawar Ali Abbasi, Asstt. A.G.

Date of hearing:        31.01.2024.

Date of Judgment:    31.01.2024.

Judgment

Muhammad Saleem Jessar, J-. The petitioner, through this petition has prayed as under:

(a) To declare that the merit list of successful candidates of posts of constables, who neither had applied nor appeared in physical as well as written test issued by the official respondents under the instructions of politicians of ruling party after conducting the written test is illegal, improper, ab-initio without any legal justification and agaisnt the principle of natural justice.

(b) To direct the official respondents to produce all the record in respect of appointment of constables before this Court in order to ascertain the real facts.

(c) To grant interim injunction restraining the respondents from issuing appointment order to the respondents No.8 to 32 and others on the basis of so-called merit-list through themselves, their agents, servants or any other agency acting on their behalf till final decision of main petition. 

            2.         From averments of the petition, it appears that petitioner pursuant to advertisement dated 08.09.2011 made by respondents/ Police department applied for the post of Constable and undergone physical test and passed the same          and ultimately he also appeared in written test. As per version of the petitioner, the respondents prepared so-called merit-list thereby they included the names of private respondents No.08 to 32, though none of them passed the physical test and the official respondents were intending to issue appointment orders in favor of those persons. Therefore, the petitioner maintained instant petition seeking directions to declare the merit-list to be illegal, improper, ab-initio and without legal justification.   

            3.         In rebuttal, Superintendent of Police Sindh Reserve Police Sukkur (the respondent No.7) while reply para No.7 of the petition submitted that petitioner appeared in written test, but could not qualify the same, therefore, he got out of the recruitment process.

            4.         The respondent No.6 vide his statement/ explanatory memo dated 11.12.2019, has mentioned that in the year 2014/2015 a good number of candidates had also filed C.Ps in the High Court Bench Sukkur mentioning the same facts that they had passed the required tests for appointment as constables in SRP but they were ignored and so many candidates who had not qualified the tests (including respondents No.08 to 32) were appointed on the direction of politicians of ruling party. The High Court Sukkur subsequently issued order dated 03.03.2015, however Hon’ble Supreme Court of Pakistan vide Order dated 23.12.2015 in HRC No.16082/2015 declared that all those candidates who were illegally appointed in SRP during recruitment process in the year 2011-12 should be removed from service and accordingly 560 constables (including respondents No.08 to 32) were removed from service vide office order No.OB/SRP/ 115, dated 04.5.2015.

            5.         Primarily, through this petition the petitioner has been seeking declaration to the effect that the merit-list which includes names of private respondent No.08 to 32 may be declared to be illegal, ab-initio and without lawful justification. As against this, the respondent No.6 his statement/ explanatory memo dated 11.12.2019 has in clear terms stated that, the services of the respondents No.8 to 32 (being illegal) have already been removed pursuant to Order of the Hon’ble Supreme Court. Therefore, petition to this extent appears to have achieved its goal. However, so for appointment of petitioner is concerned, as per comments of respondent No.7, he could not qualify the written test; therefore, he was got out of the recruitment process.

            6.         In view of foregoing, the petition in hands being devoid of merits stands dismissed.

Judge

                                  Judge

Ansari