ORDER SHEET

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition.No.D-343 of 2014.

Date of hearing

Order with signature of Judge

Before:

Mr.Justice Khadim Hussain Tunio

Mr.Justice Irshad Ali Shah

· For hearing of M.A.No.5712/2017.

Date of hearing: 18.12.2018

Date of order : 07.01.2019

Mr.Safdar Ali Ghouri, Advocate for petitioner/applicant Mst.Safia.

Mr.Abdul Hamid Bhurgri, A.A.G a/w Miss. Rashida Khoso DEO (P) Kashmore @ Kandhkot.

Mr. Parvez Ahmed, Advocate for respondents/contemnors.

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1. The petitioners by way of instant constitutional petition sought for the following relief;

a) That this Honourable Court may graciously be pleased to declare the act of respondents by showing Government Primary School Darul Uloom (Mixed), Taluka Kandhkot, in Union Council-IV, instead of Union Council-III Kandhkot as illegal, capricious, discriminatory and without lawful authority.

b) That this Honourable Court may further be pleased to clarify the positions/make necessary correction in respect of subject School that it is situated in U.C-III Kandhkot and not U.C-IV Kandhkot and therefore the candidates from U.C-III Kandhkot have right of appointment in the subject School.

c) That this Honourable Court be further pleased to direct the respondents to fill vacancies of Primary School Teachers by issuing appointment orders in favour of petitioners in Government Primary School Darul Uloom (Mixed), Taluka Kandhkot from Union Council-III, Kandhkot.

d) Award costs.

e) Grant any other equitable relief.

2. The instant constitutional petition with bunch of similar petitions was disposed of by this Court vide order dated 25.09.2014, the operative part whereof reads as under;

“Counsel from both sides unanimously agreed for disposal of all these petitions with the direction that the concerned Complaint Redressal Committee shall follow the procedure laid down in the Teachers Recruitment Policy, 2012 Round-III while scrutinizing case of all these petitioners and decide their case individually within 60 days, while preparing the revised merit list. In doing so and while preparing revised list of the candidates/petitioners only those who would be considered eligible shall be re-listed and all appointments made contrary to this policy shall be nullified. Needless to mention that while nullifying the appointment of any candidate or petitioner reasonable notice of hearing shall be given to the candidate who would likely to be affected by such order. This exercise shall be completed within 60 days from the date of this order with detailed report to this Court through Additional Registrar”.

3. Subsequently, the District Education Officer, Kashmore @ Kandhkot vide his office letter No.DEO(KSR)1301/2014, Kandhkot dated 16.01.2015, furnished the compliance report, which reads as under;

“In the light of order referred to the above undersigned framed, CRC, that went through the contents of petition regarding CP, and concluded as under;

1. That Two (2) posts of GPS Anwar-ul-uloom (mixed) School shown in U.C-IV, are actually in jurisdiction of U.C-III.

2. The undersigned has no objection if Honourable High Court treats above posts in UC-III and be pleased to pass in favour of petitioners”.

4. In the meanwhile, vide order dated 16.08.2016, A.G was directed to submit detailed report of Revenue authorities with regard to local of the subject School.

5. In compliance to above said order, Mukhtiarkar (Revenue) Taluka Kandhkot, submitted his report, which reads as under;

“That, after examination and verification of the relevant record, it was found that Govt. Primary School, Anwar-ul-Uloom (mixed) falls in UC-III, Kandhkot. However, after the introduction of New Local Government Ordinance, the said School (Govt. Primary School, Anwar-ul-Uloom) comes in Ward No.13, Juman Shah Muhalla, Kandhkot, Municipal Committee, Kandhkot”.

6. After furnishing of report by Mukhtiarkar (Revenue) Taluka Kandhkot, the following order was passed by this Court on 15.12.2016;

“It appears that this petition was disposed of alongwith other identical petitions vide order dated 25.09.2014, with the consent of the parties, with directions that the concerned Complaint Redressal Committee shall follow the procedure laid down in the Teachers Recruitment Policy, 2012 Round-III while scrutinizing cases of all these petitioners and decide their case individually within 60 days, while preparing the revised merit list. In doing so and while preparing revised list of candidates/petitioners only those who would be considered eligible shall be relisted and all appointments made contrary to this policy shall be nullified. It further appears that in compliance of aforementioned order, the District Education Officer, Kashmore at Kandhkot vide letter dated 16.01.2015 has stated that two posts of GPS Anwar-ul-Uloom (mixed) School shown in UC-IV are actually in jurisdiction of UC-III and he has no objection if the above posts are treated by this Court in UC-III and pass order in favour of petitioners. It appears that the contents of said letter are not in consonance with the order passed by this Court on 25.09.2014. Apparently, the said order has not been complied with by the District Education Officer, Kashmore at Kandhkot in letter and spirit, hence the matter is adjourned to 26.01.2017, on which date the District Education Officer (Primary), Kashmore at Kandhkot shall be in attendance alongwith his explanation”.

7. It was in these circumstances, the petitioner/applicant Mst.Safia Begum has filed the instant application under Article 204 of Constitution of Islamic Republic of Pakistan, for initiating contempt proceedings against Miss Khadija Baloch, District Education Officer (Primary) Larkana, 2). Anwaruddin Jamali, Director Schools Education (Primary) Larkana Region, Larkana and 3). Abdul Aziz Uqaili, Secretary to Government of Sindh, Education and Literacy Department Karachi, for flagrant violation and defiance of the orders dated 25.09.2014 and 15.12.2016 of this Court.

8. The alleged contemnors (their successors in office), who are contesting the instant contempt application filed their written statements inter-alia stating therein that;

“4. As per instructions/guidance and Teachers Recruitment Policy 2012 the disable and minority quota candidates were recommended for appointment by the DRC on the vacant post of PSTs in concerned Union Council it is clear in the guidelines that the disable candidates and minority candidates given preference to adjust in their own union council wherefrom they belongs to. The case of petitioner to union council Kandhkot-03 where (03) posts and (01) disable out of which 01 candidate selected from Minoirty Quota of Union Council Kandhkot-03 and (01) candidate selected from General Merit list of Union Council Kandhkot-03 who secured (92) marks in written test while the petitioner obtained (80) marks (Both merit lists enclosed).

Keeping in view of above paragraph the petitioner could not find place in the final merit list for recruitment as PST from Union Council Kandhkot-03 in the light of Teachers Recruitment Policy, 2012”.

9. It is contended by learned counsel for the petitioner /applicant Mst.Safia that the orders passed by this Court have not been complied with by the contemnors in letter and spirit; as such they are liable to be prosecuted accordingly.

10. Learned A.A.G sought for dismissal of the instant contempt application by contending that no contempt of order of this Court has been committed by the alleged contemnors, which may make them liable for prosecution.

11. We have considered the above arguments and perused the record.

12. There is no denial to the fact that the very constitutional petition was disposed of by this Court vide order dated 25.09.2014, with bunch of the constitutional petitions of similar nature. The direction issued by this Court by way of above said order was to the effect that the concerned Redressal Committee shall follow the Recruitment Policy, 2012 and would scrutinize case of the petitioners individually within 60 days and then would issue the revised merit list. The revised list has been issued. By doing so, the compliance of above said order of this Court apparently has been made. There was nothing in the said order, which may suggest that the location of Government Primary School Dar-ul-uloom (Mixed), Taluka Kandhkot, was determined by this Court making petitioner/applicant Mst.Safia Begum entitled for her appointment in said School. Even otherwise, the controversy with regard to the location of Government Primary School Dar-ul-uloom (Mixed), Taluka Kandhkot, to be falling within territorial limits of U.C-III or U.C-IV of Kandhkot, being issue of facts could not be resolved by this Court in exercise of its constitutional jurisdiction that too on contempt application.

13. In view of above, the instant contempt application being misconceived is dismissed accordingly.

JUDGE