ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
____________________________________________________________
Order
with signature of Judge
Present : Mr.
Justice Muhammad Ali Mazhar
Mr. Justice
Abdul GhaniSoomro
C.P.No.D-2550
of 2012
Masood Ahmed and others……..…..……………….….Petitioners
Versus
Province
of Sindh and others........………………....Respondents
C.P.No.D-3908 of 2012
Khalid Hussain Solangi and others…………………………..Petitioners
Versus
Province of Sindh and
others..……………………………..Respondents
Date
of Hearing:- 26.09.2016
Mr.Amir
Ali Shah Jillani, advocate for the petitioners
Mr.Abdul
Jalil Zubedi, AAG
………
Muhammad
Ali Mazhar, J: Case of the petitioners is that in response
to the advertisements published in daily newspaper for inviting applications to
the posts of PST, JST and HST in Education Department, the petitioners applied
for the post of Primary School Teacher. They appeared for prequalification test
and were declared successful. Copy of
list of successful candidates prepared by the respondent No.3 is attached with
the petitions. Further case of the petitioners is that despite qualifying
prequalification test, they were not issued offer letters therefore they have
filed these petitions for seeking directions against the respondents to appoint
them against the post of PST. It is further stated that since the petitioners
have cleared prequalification test conducted by the respondent No.3, therefore,
they have vested right to be appointed as PST.
Though the petitioners have denied the
offer letters for job in the year 2009 but it is a fact that C.P.No.D-2550/12
was filed on 04.07.2012 while C.P.No.D-3908/2012 was filed on 5th
November, 2012. Nothing has been mentioned in these petitions as to why the
petitioners were waiting for such a long time after close of process and filed
these petitions in the year 2012. Learned AAG placed on record copy of order
passed by hon’ble Supreme Court in Civil Petition
No.186-K/2013, in which also laches was taken into
consideration by the Apex
Court. He further argued that after 2008’s process at least 03
processes have also been conducted and completed so it is not possible at this
stage to accommodate the petitioners in the year 2016. However, he submits that
now Chief Minister Sindh by general Notification has
already granted relaxation of age upto 15 years,
therefore, the petitioners may apply in the next process on merits.
In our view, the petitions are hit by laches but on the statement made by learned AAG, the
petitioners may apply in the next process and if they are found eligible for
the job, Secretary Education is directed to consider applications of
petitioners with sympathy and priority so that they may be accommodated against some vacancies in
future but in accordance with law.
Both
petitions are disposed of alongwith pending application.
J
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J U D G E