AKBAR ALI vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Government of Sindh art

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AKBAR ALI VS PROVINCE OF SINDH through Secretary Education and Literacy Department, Government of Sindh art.199---Constitutional petition filed after a delay of four years---Laches---Justifying and substantiating the delay---Having approached official respondents multiple times, plea of---Proof---If petitioners claim to have approached the official respondents multiple times, cogent documentary evidence supporting such assertion should be brought on record, otherwise, such alleged efforts would remain unsubstantiated. Citation Name: 2025 PLC(CS) 1553 KARACHI-HIGH-COURT-SINDHBookmark this Case AKBAR ALI VS PROVINCE OF SINDH through Secretary Education and Literacy Department, Government of Sindh 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 favors the vigilant and not those who sleep over their rights. Citation Name: 2025 PLC(CS) 1553 KARACHI-HIGH-COURT-SINDHBookmark this Case AKBAR ALI VS PROVINCE OF SINDH through Secretary Education and Literacy Department, Government of Sindh art.199---Employment---Recruitment process for the post of junior elementary school teachers, challenge to---Constitutional petition filed after a delay of four years---Laches---applicability---Petitioners challenged the recruitment process for Junior Elementary School Teachers (JEST) under the Recruitment Policy 2021, alleging that despite possessing professional qualifications such as B.Ed and associate Degree in Education (aDE), they were not awarded the additional two marks prescribed by the policy, which allegedly deprived them of selection---at outset petitioners were confronted with the question of maintainability of the present Constitutional petition for same being preferred with a delay of four years---Held: 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, hence, their alleged efforts remained unsubstantiated---This conduct suggested that the petitioners never formally sought redressal from the authorities---The present petitionfiled after a delay of four years was marred by inordinate and unexplained laches---Though delay alone might not have been fatal but once rights accrued in favour of others, a belated challenge by the petitioners could not be entertained---Recruitment having concluded in 2021 and appointments made accordingly, the petitioners' long and unexplained silence rendered their claim abandoned---Constitutional petition was hit by the doctrine of laches---This doctrine, rooted in equity and fairness, presumed that persons aware of their rights must act promptly to enforce them---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 petitioner delay of four years in asserting their claim rendered the present petition incompetent---Courts never aid the indolent who sleep over their rights---Present petition, thus, failed on the ground of laches and was dismissed in limine, in circumstances.

AKBAR ALI vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Government of Sindh art — 2025 PLC(CS) 1553 KARACHI-HIGH-COURT-SINDH

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