IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

 

CP D 792 of 2023                :           Saeed Ahmed Bhayo vs.

S.S.P Larkana & others.

 

For the Petitioner                 :           In person

 

For the Respondents          :           Mr. Munawar Ali, Asstt. Advocate General.

 

Date of hearing                    :           23.04.2024.

 

Date of announcement      :           23.04.2024.

 

 

ORDER

 

 

Agha Faisal, J.         The petitioner claims entitlement for appointment as police constable and has filed this petition essentially seeking directions for his appointment. The respondents have filed a reply stating that the petitioner did not succeed in the competitive selection process and inter alia failed the physical test.

 

            The existence, or otherwise, of 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 misconceived, hence, 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.