ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

C.P No.D- 331 of 2015.

DATE                      ORDER WITH SIGNATURE OF JUDGE

08.06.2016.

            Mr. Muhammad Zaman Zaur, Advocate for the petitioner.

Mr. Allah Bachayo Soomro, Additional Advocate General Sindh alongwith Anwer Din Jamali, D.E.O (Primary) Badin, and Khalid Mahmood Arain Litigation Officer, Badin.  

                                    =

            The case of the petitioner is that on 19.04.2012 Chief Program Manager Reform Support Unit Education and Literacy Department Karachi invited applications for vacant posts of Primary School Teacher, Junior School Teacher and High School teacher in all districts of province including Badin on Union Council basis with threshold of 60 % marks in NTS tests. The petitioner applied for the post of Primary School Teacher and appeared in the written Test. According to the result of NTS, petitioner secured 68% marks. The grievance of the petitioner is that despite fulfilling all codal formalities, offer letter was not issued to her.  Respondents No.1,3 and 5 have filed comments in which mostly they have admitted that the petitioner appeared in the NTS and secured 68% marks, however, there is some issue regarding the late submission of some documents which resulted non-issuance of offer letter to the petitioner. Learned A.A.G pointed out the parawise comments of respondent No.1 in which it is clearly mentioned that the petitioner has remedy to file complaint before the D.R.C in accordance with the Policy, which the petitioner failed to avail. We have also noted that the recruitment process was started in the year 2012 and this petition was filed in the year 2015. When we asked the learned counsel for reasons of this delay he argued that in the year 2014 offer letters were started to be issued therefore, he has approached this Court in the year 2015. Be that as it may, since the learned A.A.G reiterated that the proper remedy is available to the petitioner and matter may be referred to the Director, School Education (Primary) Hyderabad who is competent authority in this case where all questions can be raised and decided, therefore, without going into further controversy including the point of laches and we are also of the view that the disputed questions of fact cannot be decided in the writ petition therefore in order to advance cause of justice, this matter may be referred to the Director, School Education (Primary) Hyderabad for passing appropriate order. Learned counsel for the petitioner is satisfied but he requests that specific time may be fixed for deciding the matter.

As a result of above discussion, this petition is disposed of with the direction to the Director, Schools Education (Primary) Hyderabad to look into the matter and decide whether the petitioner submitted all the relevant documents or not and whether the same were submitted within time. This exercise shall be completed within two months’ time and matter will be decided after providing ample opportunity of hearing to the petitioner. The compliance report may be submitted to this Court through Additional Registrar of this Court.

                                                                                                                 JUDGE

                                                                        JUDGE

Ali Haider