ZAKIR HUSSAIN vs PROVINCE OF SINDH through Secretary Agriculture art

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ZAKIR HUSSAIN VS PROVINCE OF SINDH through Secretary Agriculture art. 199---Constitutional jurisdiction of High Court---Scope---Civil service---Unexplained delay---Denial or grant of relief of appointment---Scope---Unexplained delay in service matters, particularly involving appointments, is sufficient ground for denial of such relief. Citation Name: 2025 PLC(CS) 1329 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAKIR HUSSAIN VS PROVINCE OF SINDH through Secretary Agriculture art. 199---Writ jurisdiction of High Court---Scope and nature---Delay in availing remedy---Effect---Laches as a discretionary bar in equitable relief---Scope---Involvement of third party rights---Effect---Exercise of writ jurisdiction is discretionary---Principles of equity, such as delay, acquiescence and waiver must be considered---Petitioner invoking relief under art. 199 of the Constitution must approach the Court with clean hands and without undue delay---Doctrine of laches, founded on equitable principles, is firmly embedded in our jurisprudence---It presumes that those who sleep on their rights and delay seeking redress demonstrate abandonment of claim---Doctrine of laches is a discretionary bar against equitable relief, particularly where prolonged delay affects administrative processes or causes injustice to others---Equitable maxim "delay defeats equity" remains relevant---Petitioner who sought relief after an excessive lapse of lime cannot reasonably expect judicial intervention, especially when public employment or third-party rights were involved---Doctrine of laches is founded on the maxim "vigilantibus non dormientibus jura subveniunt", the law assists those who are vigilant of their rights. Citation Name: 2025 PLC(CS) 1329 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAKIR HUSSAIN VS PROVINCE OF SINDH through Secretary Agriculture art.199---Constitutional petition---Maintainability---Fundamental right, enforcement of---Civil service---Recruitment process---Exclusion from appointment despite having inclusion in merit list---Legality---Mere inclusion in merit list does not confer any vested right to appointment---appointment is contingent upon fulfilling all required conditions and the discretion of the appointing authority, subject to the availability of posts and budgetary approval and according to recruitment rules and policy. Citation Name: 2025 PLC(CS) 1329 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAKIR HUSSAIN VS PROVINCE OF SINDH through Secretary Agriculture art. 199---Civil service---Recruitment process---Disputed questions of facts---Interference by High Court---Scope---Laches---Non-impleadment of necessary party---Inclusion in the merit list but exclusion in appointment orders---Petitioner sought his appointment being a legitimate expectant---Validity---Petitioner had failed to implead as respondents the individuals whose appointments he sought to challenge and the constitutional petition had been filed after 10 years of the conclusion of recruitment process---Such unexplained delay rendered the petition liable to be dismissed on the ground of laches---Even if the petitioner had a valid grievance, the failure to act with reasonable promptness undermined the case in constitutional matters, unexplained and prolonged delay was fatal---Doctrine of laches in equity, though not rigid, is rooted in fairness---Relief may be denied if delay prejudices the opposing party or causes administrative disruption---Plea of petitioner that the respondents had issued appointment orders to the persons, who had never appeared in interview, thus, process was against law and recruitment rules, was not substantiated as nothing had been placed before High Court in this regard---Even otherwise such plea required factual probe, which in exercise of constitutional jurisdiction could not be done---Constitutional petition was dismissed in limine, in circumstances.

ZAKIR HUSSAIN vs PROVINCE OF SINDH through Secretary Agriculture art — 2025 PLC(CS) 1329 KARACHI-HIGH-COURT-SINDH

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