3869/2025 Const. P. Jawad Ali (Petitioner) V/S (S.O) Public Health Engineering & Rural Dev. & ors (Respondent)

3869/2025 Const. P. Jawad Ali (Petitioner) V/S (S.O) Public Health Engineering & Rural Dev. & ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber) Order Date: 26-MAR-26

The Additional Secretary emphasized that the allocation of marks were adopted only for transparency and not as a legal requirement. It is well settled that once marks are awarded and used as the basis for selection, they become binding on the employer. A transparent criteria cannot be invoked selectively to justify non-selection. The Supreme Court also held that where selection is competitive and marks are assigned, the entire scheme becomes enforceable and the appointing authority cannot ignore higher marks unless there is a lawful reason. Merit and equality are core constitutional values; no recruitment can deny them on the basis that it is termed ???contractual.??? Primarily, a candidate scoring higher than others in a transparent process cannot be deprived of appointment arbitrarily. Failure to observe procedural safeguards, merit, and equitable representation is discriminatory under Article 4, 25 & 27 of the Constitution. Article 4 provides enforcement of fundamental rights. Article 25 guarantees equality before the law. Article 27 prohibits discrimination in public appointments. 12. In view of the above, Mr. Muhammad Aqil Awan, Senior Counsel of this Court, is appointed as Amicus Curiae to assist the Court on the subject issues. Petitioner, AAG, and the Additional Secretary shall also assist on the next hearing.