IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE GULZAR AHMED, CJ 
MR. JUSTICE SYED MANSOOR ALI SHAH  
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 
OF 2021 IN CIVIL PETITION NOs. NIL OF 2021 AND CIVIL 
PETITION NOs. 802 & 979 OF 2021  
(CMAs have been filed seeking permission to file and argue the civil petitions) 
(On appeal against the judgment dated 12.02.2021 passed by the High Court of Sindh, Karachi in 
Constitutional Petition Nos. D-7382/2019, D-7625/2019, D-7809/2019, D-4704/2020 & D-
5755/2020) 
 
Ghayasuddin Shahani etc 
 
 
 
(In CMA 1824/2021) 
Abdul Ghani etc 
 
 
 
 
 
(In CMA 2357/2021) 
Mohammad Yaseen etc  
 
 
 
(In CMA 2358/2021) 
Mukhtiar Ahmed etc 
 
 
 
 
(In CP 802/2021) 
Rahamdil etc 
 
 
 
 
 
(In CP 979/2021) 
 
…Applicants/Petitioners 
 
VERSUS 
 
Akhtar Hussain etc 
 
 
 
 
(In CMA 1824/2021) 
Qadir Bux etc 
 
 
 
 
 
(In CMA 2357/2021) 
Abdul Majeed etc  
 
 
 
 
(In CMA 2358/2021) 
Province of Sindh through Chief Secretary etc 
(In CP 802/2021) 
 
Shah Murad etc 
 
 
 
 
 
(In CP 979/2021) 
 
…Respondent(s) 
 
For the Applicants / 
Petitioners: 
Mr. M.M. Aqil Awan, Sr. ASC 
(In CMAs 1824, 2357 & 2358/2021 & CP 
979/2021) 
 
 
For the Petitioners: 
Mr. Mukhtiar Ahmed, petitioner No. 1 in 
person 
 
 
For Respondent (1-8): 
Mr. Javed A. Khan, ASC 
(In CMA 1824/2021) 
 
 
For other Respondents: 
N.R. 
 
 
Date of Hearing: 
19.05.2021 
… 
JUDGMENT 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.-  
 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358/ 2021 
IN CIVIL PETITION NOs. NIL/2021  
 
1. 
 
Subject to all just exceptions, these CMAs are allowed. Let 
the petitions be numbered and fixed today. 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 OF 2021 IN 
CIVIL PETITION NOs. NIL OF 2021 AND CIVIL PETITION NOs. 802 & 979 OF 
2021 
-: 2 :-
CIVIL PETITION NOs. 3111, 3112, 3113, 802 & 979/2021 
2. 
 
Through these petitions under Article 185(3) of the 
Constitution of Islamic Republic of Pakistan, 1973, the petitioners have 
called in question the legality of the judgment of the High Court of Sindh 
dated 12.02.2021 whereby the Constitutional Petitions filed by the 
respondents were ‘disposed off’ while directing the Health Department, 
Government of Sindh to follow the instructions issued therein strictly in 
accordance with law in the interest of safe dispensation of justice.  
3. 
 
Briefly stated the facts of the matter are that an 
advertisement was published in the newspapers on 22.03.2018 
wherein 1733 vacancies of Vaccinators (BPS-6) were announced by the 
Health Department, Government of Sindh in order to expand the 
program on ‘immunization’ in Sindh and as such applications were 
invited from the residents of the union councils where the posts exist. As 
per the contents of the advertisement, the basic qualification for 
induction as Vaccinator was matric or equivalent, however, preference 
was to be given to the candidates seized with vaccination certificate 
from a recognized institute. The passing marks were prescribed as 60. 
However, during the process, only 1611 candidates could meet the 
criterion of obtaining 60 or higher marks. In order to fill the remaining 
vacancies, the Health Department under the directions of Minister for 
Health, Government of Sindh relaxed the criterion of 60 marks to 55 
marks and thereby the number of qualified persons arose to 3245. 
Thereafter, a Selection Committee headed by the Additional Chief 
Secretary (Health), Additional Secretary (Services), SGA&CD and Project 
Director EPI was constituted vide notification dated 19.12.2018. It is 
noteworthy that during the process, the Additional Secretary (Services), 
SGA&CD did not participate in the selection process by absenting 
himself from interviews of the candidates. The final selection was made 
on the recommendation of the two members’ committee, as a 
consequence of which, a list was prepared and finally 1733 candidates 
including the petitioners were appointed. Some of the candidates who 
could not succeed during selection, being aggrieved, challenged the 
selection process before the High Court of Sindh by filing the 
Constitutional Petitions, which have been disposed of vide impugned 
judgment with following observations/directions:- 
 
a) 
All the successful candidates who obtained 60 marks 
and above in the written test conducted by NTS (1611 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 OF 2021 IN 
CIVIL PETITION NOs. NIL OF 2021 AND CIVIL PETITION NOs. 802 & 979 OF 
2021 
-: 3 :-
candidates) are required to undergo a fresh interview by the 
committee constituted by the competent authority vide 
notification dated 07.08.2019; and, the rest of posts shall be 
re-advertised in accordance with the recruitment rules. AND 
b) 
The appointment of successful candidates in the 
interview is subject to Union wise seats as outlined in the 
terms of advertisement published in daily newspapers dated 
33.2.2018. AND 
c) 
The competent authority is directed to establish an 
Institute for training of Vaccinators within three (03) months. 
In the meanwhile, the successful candidates of the interview 
are required to undergo training of Vaccinator for the post 
within a reasonable time from any recognized institute of 
Nursing and/or Government Hospital before administering 
the subject vaccine to the public at large. 
d) 
The petitioners who obtained less than 60 marks have 
to participate in fresh recruitment process, thus their 
petition(s) stand dismissed.” 
 
4. 
 
The petitioners being not satisfied with the outcome of the 
Constitutional Petitions have challenged the same before this Court by 
filing the present civil petitions for leave of the court.  
5. 
 
At the very outset, learned counsel for the petitioners 
contended inter alia that the petitioners were appointed as Vaccinators 
after due process of appointment but they were neither arrayed as 
respondents before the High Court of Sindh nor provided an opportunity 
of hearing and were condemned unheard; that the impugned judgment 
is not sustainable in the eyes of law as the same is devoid of due 
process and has violated the salutary principle of natural justice; that 
since there was no such institute in existence, which could give training 
for vaccination and issue certificate, the condition precedent in the 
advertisement to this effect was unjustified and as such the same 
cannot be made basis for discarding the credentials of the candidates; 
that the selection of candidates union wise is uncalled for as this has to 
be on a larger canvas i.e. district wise or provincial level. He lastly 
prayed for interference by this Court by setting aside the judgment 
impugned before us.  
6. 
 
Mr. Mukhtiar Ahmed, petitioner, who appeared in person 
adopted the arguments advanced by Mr. M.M. Aqil Awan, learned 
counsel for the petitioners. He added that he has been discriminated on 
flimsy grounds, which are not sustainable and as such he has a right to 
be retained in service. He lastly stated that till the finalization of the 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 OF 2021 IN 
CIVIL PETITION NOs. NIL OF 2021 AND CIVIL PETITION NOs. 802 & 979 OF 
2021 
-: 4 :-
process of selection in pursuance of the observations/directions of the 
High Court, no adverse order may be passed against him.  
7. 
 
We have heard learned counsel for the petitioners and 
petitioner in person at some length and have gone through the available 
record.  
8. 
 
The moot points for consideration of this Court are as 
under:- 
(i) 
whether the process of appointment was according to the 
criterion set out in the advertisement;  
 
(ii) 
whether the process of appointment was transparent and 
all codal formalities justiciable under the law were 
followed; 
 
(iii) 
whether the observations/directions issued by the High 
Court have encroached upon the ‘legal rights’ of the 
petitioners without providing them an opportunity of 
hearing; and 
 
(iv) 
whether the observations/directions issued by the High 
Court would actually sensitize the appointment process 
with transparency/clarity of process for the entire 
satisfaction of the candidates.  
 
9. 
 
As far as the basic qualification for induction as vaccinator 
is concerned, it is not disputed. There are certain reservations qua 
possessing of the vaccination certificate as it is an admitted fact that till 
finalization of appointment process there was no institute available in 
Province of Sindh exclusively for this purpose. However, there are other 
quarters working under the Health Department i.e. DHO Office with the 
collaboration of District Headquarter Hospital where this training 
process is available as such it cannot be denied straightaway that there 
is no such arrangement to get vaccination training to meet the 
requirement as disclosed in the advertisement. The learned High Court 
took notice of a summary dated 03.05.2019 moved to the Chief Minister 
Sindh by Secretary Health wherein certain observations of the Services 
Wing on the process of recruitment were mentioned i.e. (i) the 
recruitment rules for the post of Vaccinator require qualification of matric 
together with certificate in vaccination from a recognized institute 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 OF 2021 IN 
CIVIL PETITION NOs. NIL OF 2021 AND CIVIL PETITION NOs. 802 & 979 OF 
2021 
-: 5 :-
whereas in the advertisement the certificate in vaccination has been 
published as preference instead of mandatory, (ii) the threshold of 
minimum marks has been reduced from 60 marks to 55 marks without 
any approval/justification, (iii) a number of candidates have been 
declared ‘failed’ or not selected despite having secured more marks in 
the recruitment test than the candidates declared as selected by the 
Selection Committee, and (iv) few candidates who secured passing or 
more than passing marks have been declared as “does not read/write”. 
Upon these discrepancies found in the recruitment process, the Selection 
Committee was reconstituted by the competent authority and it was 
decided that the threshold of minimum marks as 60 shall be adhered to 
and no relaxation in this regard will be allowed and the condition of 
certificate in vaccination from recognized institute shall be compulsory 
and not relaxable as the same is requirement of Rules for the post of 
vaccinator. However, no re-interview was done by the department and 
the selection process was completed as was undertaken by the earlier 
Selection Committee. We have noticed that the learned High Court after 
detailed scrutiny and inquiry has only identified certain flaws in the 
recruitment process and directed for removal of those flaws. The 
impugned judgment is not against the petitioners rather it only bounds 
the department to strictly follow the criterion laid down in the 
advertisement for the appointment of vaccinators. The High Court has 
addressed to all the issues those were brought forth in the recruitment 
process. The recommendations made by the High Court are in 
furtherance of clarity in the process and certainly would defeat any 
chance of nepotism, favourtism and undue enrichment of individuals. 
The learned High Court has also directed to establish an institute for 
training of vaccinators and in the meanwhile, the successful candidates 
of the interview have been required to undergo training of vaccinator. 
This direction of High Court was specifically very timely and beneficial 
to public at large when these vaccinators are primarily to deal with 
infants and young generation. As far as other limb of queries is 
concerned, those are interconnected, hence are pondered upon 
conjointly. The learned High Court was seized with the extraordinary 
power under Article 199 of the Constitution of Islamic Republic of 
Pakistan to entertain any matter if it is brought into notice that any act 
done by the public functionaries has encroached upon the basic rights of 
the people as enshrined in the Constitution of Islamic Republic of 
CIVIL MISCELLANEOUS APPLICATION NOs. 1824, 2357 & 2358 OF 2021 IN 
CIVIL PETITION NOs. NIL OF 2021 AND CIVIL PETITION NOs. 802 & 979 OF 
2021 
-: 6 :-
Pakistan. No fundamental right of the petitioners has been infringed 
because the recruitment process was initiated through advertisement 
with certain terms and conditions and only those who fulfill those 
conditions are eligible to be appointed. So far as the argument of learned 
counsel for the petitioners that the appointment cannot be made 
according to union council basis is concerned, the basic purpose of 
Expanded Program on Immunization (EPI) was to control the spread of 
Vaccine Preventable Diseases among infants/children and this target 
cannot be achieved unless it goes to grass roots level, which means that 
it needs to be spread over the union council level by making 
appointments of the vaccinators from the concerned union councils 
enabling the public at large to be benefited from it. Secondly, it was 
specifically mentioned in the advertisement that applicant must be 
resident of the same union council and it has time and again been held 
by this Court that whatever the terms of the advertisement are the 
appointments must follow the criterion as disclosed therein without any 
departure so that no one can raise any objection regarding its 
transparency.  
10. 
 
For what has been discussed above, we are of the 
considered view that the learned High Court has passed a well 
reasoned judgment to which no exception can be taken. These petitions 
having no merit are accordingly dismissed and leave to appeal is 
refused.  
11. 
 
The above are the detailed reasons of our short order of 
even date.  
 
 
 
 
   
 
CHIEF JUSTICE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
19th of May, 2021 
Approved For Reporting 
Khurram 
