1915/2019 Const. P. Dr. Asha Bai (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
1915/2019 Const. P. Dr. Asha Bai (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 05-MAY-25
The petitioner's regularization case, ongoing since 2015 (CP 2187/2015), was sent for reconsideration in 2018, but a committee found her unsuitable based on subjective criteria. While challenging this as arbitrary, this court notes it cannot reassess her now, especially with another candidate already working on the post. In terms of the Supreme Court decision in the case of Asif Hassan v Sabir Hussain, 2019 SCMR 1720, this court typically does not interfere with the expert committee's subjective evaluations under Article 199. It is the competent authority's prerogative to assess candidates, and this court cannot substitute its judgment if the chosen candidate is qualified and eligible, a principle supported by the Supreme Court in the case of Muhammad Ashraf Sangri v. Federation of Pakistan and others (2014 SCMR 157). 6. This petition is dismissed as it seeks to reopen a reassessment already conducted in previous litigation, rendering it not maintainable at this stage. All pending applications are also dismissed.