HYDERABAD, March 1: The Sindh High Court, Hyderabad circuit bench, has issued notices to the Sindh Public Service Commission (SPSC), SPSC controller of examinations and secretary law on a constitutional petition filed by two legal practitioners, Syed Mohammad Mubeen and Salahuddin, praying the court to declare results of the commission in respect of deputy district attorney, Mirpurkhas, illegal and without lawful authority.

The petitioners were represented by advocate Yousuf Leghari. According to the petitioners, they had appeared in interview and written test, conducted by the SPSC for the post of DDA on December 22, 2005 at government Noor Mohammad High School.

They said that the candidates were required to answer objective type question papers and they found that answers to many questions were wrongly written in answer sheet by the controller of examinations. All these questions were to be answered compulsorily.

The result was announced in newspaper whereby only 69 candidates were declared successful in the test but no details such as marks secured by each candidate were mentioned.

The petitioners believed that that they had also passed the written test but were unaware about marks secured by them.

Consequently, they filed an appeal before controller for re-checking of answer sheets but he declined to re-check the answers sheets and supply mark sheet of the result.

The petitioners said that under section 5 of SPSC Act 1973 the commission has to conduct tests and examination for recruitment of Provincial Civil Service and other civil posts in connection with affairs of the province and send result of such test and examination to concerned department.

It is not the function of commission to declare candidates successful for appointment.

They further said that commission has acted illegally in present case and in excess of their jurisdiction by declaring certain number of candidates as successful.

The petitioners added that it was legal duty of respondents to declare results of all candidates, appearing in test showing marks obtained by each of them.