197/2011 Const. P. Miss Hina and an other (Petitioner) V/S District Accounts Officer Sukkur and others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Khadim Hussain Tunio
Order Date: 27-NOV-18
Since possibility of competence of appointed candidates, as claimed by them, cannot be brushed aside straight-away as they have been serving since seven years nor it would be in the interest of justice to deprive petitioners of their undeniable rights to have fair-competition. Therefore, to ensure a balance, we do not find it proper to order for fresh process of recruitment by re-advertisement. We find it in all fairness to provide a fair-opportunity of proving their eligibility only to those, who, having eligibility, to test the competence. Worth to add that fresh advertisement would make it open for all, eligible today, which may result in prejudicing the eligibility of those, who otherwise were eligible at such time (about seven years ago). Thus, in short, fresh competition amongst those who appeared earlier could be the best solution that we have for them. Needless to add that if they (private respondents) are and were competent they would sail and, if not, will sink and in such eventuality they would not press application of Locus poenitentiae with reference to their length of service because legally seven years of service cannot overshadow the non-transparent and deceitful recruitment process as same was / is nothing but a premium, being given to them, on account of a cheating undertaken by the officials who conducted the recruitment process.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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