GHULAM HUSSAIN vs PROVINCE OF SINDH through Secretary Education and Literacy Department art — 2023 PLC(CS) 194 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 194 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: GHULAM HUSSAIN vs PROVINCE OF SINDH through Secretary Education and Literacy Department art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM HUSSAIN VS PROVINCE OF SINDH through Secretary Education and Literacy Department art.25---Civil service---Over-qualified candidate---Discrimination---Petitioner applied for the subject post voluntarily and succeeded in the written test as well as in the interview---Petitioner's candidature was not considered based on the presumption that he would not work as Naib Qasid, being highly qualified---Objection raised by respondents (appointing authority) was of no legal effect as it would be hit by the prohibition contained in art.25 of the Constitution---High Court declared that the impugned action/ order of the respondents was in violation of the strict and prohibitory command contained in art. 25 of the Constitution, because petitioner had been treated with sheer discrimination, which could not be approved on any premises whatsoever---Constitutional petition was allowed, in circumstances.

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