ORDER SHEET
HIGH COURT OF SINDH AT KARACHI
C.P. NO. D-6387 OF 2014.
Date Order with Signature of Judge(s)
Present
Mr. Justice Muhammad Ali Mazhar
Mr. Justice Muhammad Iqbal Mahar
Muhib Ali ..v/s. .Province of Sindh & others
Mr. Munir Ahmed, advocate for the petitioner.
Mr. Abdul Jabbar Qureshi, AAG for the State.
___________________________________________
Muhammad Ali Mazhar,J: In response to advertisement, the petitioner applied for the post of Primary School Teacher (PST) for UC Koor Hassan, District Naushero Feroz. The result of the petitioner is available at page 31, which shows that he has obtained 80 marks.
2. Learned counsel for the petitioner argued that in the District Naushero Feroz for UC Koor Hassan, 10 male and one female seats were available and despite qualifying the merit list, the petitioner has not been issued the offer letter.
3. Respondent No.3, Chief Program Manager, Reform Support Unit, Education and Literacy Department, has filed comments wherein this fact has been admitted that the petitioner has obtained 80 marks in the written test and was at Sr. No. 11 in the PST Final Pass Candidate List, prepared by National Testing Service Pakistan (NTS) but the vacancy position in the said UC was five male and one female seats and the last person who was recruited pursuant to the above test result had obtained 83 marks, which were higher than the marks obtained by the petitioner.
4. On the contrary, learned counsel for the petitioner argued that one candidate, namely, Amjad Ali Mughal, who had obtained 83 marks in the test was at Sr. No.6 of the Final Merit List, but he had expired during this process and if 11 posts (10+1) are considered for filling the vacancies as mentioned in the Need Based Vacancies Details, the petitioner would have been easily accommodated but with some mala fide intention the authorities declined to consider him.
5. The learned AAG categorically stated that there was no case of mala fide on the part of the respondents but the vacancies were filled on the need basis. He also refuted the contention of the learned counsel for the petitioner that in fact in UC Koor Hassan 10 male and one female seats were available.
6. Disputed questions of facts cannot be decided in writ jurisdiction but it is also a fact that the petitioner has obtained 80 marks in NTS. At the same time the learned counsel for the petitioner has shown vacancy position that 10 male and one female seats were available in UC Koor Hassan. The petition is disposed of with the directions to the Chairman, DRC to allow an opportunity of hearing to the petitioner and decide the matter on merit. He will also determine the actual number of seats available in UC Koor Hassan on need basis. In case the Chairman, DRC finds that despite having merits, the petitioner has not been considered, the Chairman, DRC shall accommodate the petitioner and issue him offer letter accordingly. Pending Application is also disposed of.
Judge
Judge
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