MUZAMIL vs GOVERNMENT OF SINDH art — 2025 PLC(CS) 1248 KARACHI-HIGH-COURT-SINDH

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MUZAMIL VS GOVERNMENT OF SINDH art. 199---Matter of Public Service Commission not conducting competitive exam---Invoking constitutional jurisdiction of High Court---Mala fide, absence of---Effect---Contention/allegation raised by the petitioners/candidates was that failure of the Sindh Public Service Commission (SPSC) to conduct the annual Combined Competitive Examination (CCE) was a mala fide act---Validity---Record (including parawise comments submitted by Respondents/SPSC) reveals that the CCE has been conducted on a regular basis, however, the CCE for the year 2022could not be held due to administrative reasons and also on account of a case having been filed (against Province of Sindh and others) before the High Court of Sindh; and, later the SPSC resumed its functions following the directions of the Supreme Court and the CCE 2023 was duly announced---Respondents/SPSC has sufficiently justified its inability to conduct the CCE on an annual basis, providing plausible reasoning---Thus, there exists no element of malice or ill-intent on the part of the respondents/SPSC in delaying the CCE examination---No irregularity or illegality is found on the part of respondents/SPSC---Constitutional petition, filed by candidates, being merit-less was dismissed, in circumstances. Citation Name: 2025 PLC(CS) 1248 KARACHI-HIGH-COURT-SINDHBookmark this Case MUZAMIL VS GOVERNMENT OF SINDH Regln. 8(6)(a)(ii)---Competitive examination---Upper age limit, requirement of---Scope---Relief sought by the petitioners/candidates was the grant of age relaxation to enable them to participate in the examination---Validity---The process is governed under statutory provisions of the Sindh Public Service Commission (Recruitment Management) Regulations, 2023, ('the Regulations 2023')---Provision of Regln. 8(6)(a)(ii) of the Regulations 2023 stipulates that "A candidate must not be less than twenty-one (21) years of age and not more than thirty (30) years of age as of 1st September of the advertisement year."---Provision under Regln. 8(6)(a)(ii) of the Regulations 2023 establishes that respondents/SPSC has adhered to the procedure prescribed under the applicable statute, which is lawful, just and proper---Therefore, the High Court finds no basis to declare the said process as illegal or tainted with mala fide intent, as such an act would amount to unwarranted judicial overreach---Grant of upper age relaxation is not absolute right and remains subject to the discretion of the relevant authorities---No irregularity or illegality is found on the part of respondents/SPSC---Constitutional petition, filed by candidates, being merit-less was dismissed, in circumstances. Citation Name: 2025 PLC(CS) 1248 KARACHI-HIGH-COURT-SINDHBookmark this Case MUZAMIL VS GOVERNMENT OF SINDH Process conducted by Public Service Commission---Intervention by Courts in policy matters---Scope---Judicial intervention in policy matters must be exercised with caution, ensuring that governance remains within its constitutional domain without undue interference---The judiciary plays a crucial role in upholding citizens' rights and ensuring checks on executive action---However, excessive judicial overreach may pose risks to governance and democratic stability---A delicate balance must be maintained to ensure that all three branches of the government function effectively within their constitutional limits---Judicial interference should, therefore, be limited to instances requiring legal interpretation and must not unduly encroach upon executive or legislative discretion---No irregularity or illegality is found on the part of respondents/SPSC---Constitutional petition, filed by candidates, being merit-less was dismissed, in circumstances.

MUZAMIL vs GOVERNMENT OF SINDH art — 2025 PLC(CS) 1248 KARACHI-HIGH-COURT-SINDH

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