SALMAN AHMED vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh art

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SALMAN AHMED VS PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh art.199---Civil service---Recruitment of junior elementary school teachers---Constitutional petition challenging recruitment process filed after a delay of four years---Effect---Laches, doctrine of---applicability---The petitioners being candidates for the post of junior elementary school teachers challenged the recruitment process alleging that despite holding the associate Degree in Education diplomas, they were not awarded the additional 2 marks mandated under the Recruitment Policy, 2021---They claimed that this omission unfairly excluded them from selection while others with lower scores were appointed---Held: The petitioners challenged the appointment process carried out under Recruitment Policy, 2021 after a lapse of four years---although they claimed to have approached the official respondents multiple times, no cogent documentary evidence supporting this assertion was found in the record---Their alleged efforts remain unsubstantiated---This conduct suggested that the petitioners never formally sought redressal from the authorities---The present petition, filed after a delay of four years, was marred by inordinate and unexplained laches---Though delay alone might not be fatal, once rights accrued in favour of others, a belated challenge by the petitioners could not be entertained---Recruitment having already concluded fours years ago and appointments made accordingly, the petitioners' long and unexplained silence rendered their claim abandoned---Present petition was hit by the doctrine of laches---The petitioners were aware of the policy provisions, yet failed to act in a timely manner---Discretionary relief could be denied where there was unexplained and unreasonable delay---The maxim 'delay defeats equity' was squarely attracted to the present case---accordingly, the petitioners' delay of four years in asserting their claim rendered the present petition incompetent---Present petition, thus, failed on the ground of laches and was liable to be dismissed---Constitutional petition was dismissed, in circumstances. art.199---Constitutional petition---Laches---Justification for delay---Verbal assertions that authorities were approached on regular basis do not justify delay---Tangible proof of vigilance on the part of litigant, requirement of---Importance of producing documentary evidence in substantiating and justifying the delay---Scope---Where a litigant institutes a belated petition and seeks to justify the delay by claiming that efforts were made to assert the alleged right before the competent authorities, such claims must be supported by credible documentary evidence---Mere verbal assertions, unaccompanied by substantiating material, are inadequate to excuse the delay. art. 199--- Constitutional petition--- Maintainability--- Laches---applicability---Equitable relief must be sought with diligence, and unreasonable delay may result in dismissal of a petition on the ground of laches---The law universally favours the vigilant and not those who sleep over their rights---Doctrine of laches, rooted in equity and fairness, presumed that persons aware of their rights must act promptly to enforce them---Courts do not aid the indolent who sleep over their rights.

SALMAN AHMED vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh art — 2025 PLC(CS) 1117 KARACHI-HIGH-COURT-SINDH

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