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4419/2023 Const. P. Mehwish Hameed and Another (Petitioner) V/S School Education & Literacy Dept: and Another (Respondent)

Sindh High CourtConstitutional Law2024

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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4419/2023 Const. P. Mehwish Hameed and Another (Petitioner) V/S School Education & Literacy Dept: and Another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 20-DEC-24

The High Court can review SPSC decisions if they are unconstitutional, illegal, or unfair. However, the Court cannot substitute its judgment for the SPSC's, but can only ensure the decision's legality and fairness. However, in the present case, it appears that the Sindh Public Service Commission announced the posts of subject specialist Zoology and Botany (BS-17) under the School Education and Literacy Department Government of Sindh vide advertisement No. 09/2022 dated 11.11.2022, both petitioners applied against the said posts and secured fewer marks in pre-interview written test on Urban quota as alleged. The recommendation process has not been completed vide press release dated 10.10.2023, 17.10.2023, and 21.11.2023, and the candidates have been accommodated to their respective posts, at this stage to scrutinize the MCQs answer sheet of the petitioners by this Court is a herculean task, which cannot be undertaken under Article 199 of the Constitution, however, the petitioners are at liberty to approach the Chairmen Sindh Public Service Commercial redressal of their grievances in terms of regulations framed by the competent authority of the Government of Sindh, which shall be taken care of after providing meaning hearing of the petitioners.

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