427/2021 Const. P. Ghulam Farooq (Petitioner) V/S Province of Sindh and Others (Respondent)

Sindh High Court2021

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry

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427/2021 Const. P. Ghulam Farooq (Petitioner) V/S Province of Sindh and Others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry Order Date: 15-APR-21 In our view, no candidate shall be appointed to a post unless after such medical examination as Government may prescribe such candidate is found medically fit to discharge the duties of the post. In the present case, the petitioner was relieved from the duties on medical grounds and his appeal was rejected on the same analogy. Besides above, the assertion of the petitioner is misconceived on the premise that he obtained a medical examination fitness test certificate on 02.12.2019 after the rejection of his appeal, on 14.5.2019, thus this document could not be taken into consideration, besides the respondents have relied upon the documents which prima facie show adverse inference against him. Thus, at this stage, we cannot declare him medically fit or otherwise for the subject post, which was a contractual position and by efflux of time expired.
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