IN THE HIGH COURT OF SINDH
AT LARKANA
Present:
Shamsuddin Abbasi, J.
Agha Faisal, J.
C.P D-255 of 2024 : Imran Hussain and others vs.
Chairman, Sindh Public Service Commission (S.P.S.C) and others.
For the Petitioners : Mr. Nasrullah Solangi, Advocate
Date of hearing : 30.04.2024
Date of Order : 30.04.2024
ORDER
Agha Faisal, J. The petitioners seek to set at naught the appointment process of scores of people, listed in press release dated 27.07.2023, without having impleaded a single such person herein. Upon being confronted as to how this petition could be entertained in the absence of the very persons whose rights are sought to be annulled, the learned counsel had no response.
The counsel was called upon to demonstrate any patent infirmity in the process impugned, however, he remained unable to do so. His entire case pivoted upon his averment that the plaintiffs ought to have been considered instead. Notwithstanding the foregoing, the plea raised is factual in nature and the writ jurisdiction is not the appropriate forum in such regard[1]. Counsel did not even endeavor to demonstrate the existence of any vested right in respect of the petitioners to maintain this petition.
The petition also contains scurrilous allegations against official respondents, however, the same could not be corroborated from the record annexed or the arguments advanced. The plea for a fishing exercise in such circumstances, to be ordered by the Court, cannot be sustained; more so since the counsel remained at a loss to cite any law to sanction the same.
In view hereof, this petition is found to be misconceived, hence, dismissed in limine. While this is a fit case for imposition of costs upon the petitioners, for having preferred this misconceived petition, a lenient view is taken and the imposition is eschewed.
Judge
Judge
[1] 2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.