ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Civil Revision Appln.No.S- 42  of 2014

DATE	ORDER WITH SIGNATURE OF JUDGE

Hearing/Cases

1.For Hearing of CMA No. 164/2014 (S/A)

2.For Hearing of Main Case                               

03.12.2018

Messrs Asif Ali Abdul Razak Soomro, Imdad Ali Mashori and Shakeel Ahmed Abro,  Advocates for the applicant.

            Mr. Ameer Ahmed Narejo, State counsel.

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            As per applicant, he on having qualified the requisite examination was awarded Bachelor of Arts degree by Shah Abdul Latif University Khairpur, in year 2001. Such degree on 07.07.2010 was cancelled by Controller of Examination, Shah Abdul Latif University Khairpur, without his notice and knowledge or providing him chance of hearing. The applicant then filed a civil suit before learned Senior Civil Judge, Qamber, for the following relief;

a) It is therefore, respectfully prayed that the instant suit may very kindly be decreed by declaring that impugned order dated 07.07.2010 is illegal, arbitrary, perverse, capricious, without jurisdiction, besides the law and principles of natural justice and against the dictums of the superior Court of the country, which is liable to be set aside.

b) It is also prayed that defendant No.2 & 3 may very kindly be directed to appoint some neutral and impartial person(s) as to investigate the matter pertaining to the humiliation caused to the plaintiff.

c) It is also prayed that permanent injunction may be issued to the effect that defendant No.2 be restrained from taking any major decision regarding the degree on the information of the defendant No.3.

                        The plaint so filed by the applicant was rejected by learned trial Court under order VII rule 11 CPC, vide order dated 16.04.2014 passed by learned Senior Civil Judge, Qamber. It was impugned by the applicant by way of filing of an appeal before District Judge Qamber-Shahdadkot at Qamber, it was dismissed vide order dated 07.05.2014, which is impugned by the applicant before this Court by way of instant Civil Revision Application.

                        At the very outset, it is stated by learned counsel for the applicant that the applicant would not press the disposal of instant Civil Revision Application on merits, if he is permitted to agitate his grievance before Shah Abdul Latif University, Khairpur, in accordance with law by making such representation and/or application, as he was condemned unheard before passing of the impugned order by the Controller of Examination, Shah Abdul Latif University, Khairpur.

                        The proposal advanced by the learned counsel for the applicant is readily accepted by learned State counsel.

                        In view of above, instant Civil Revision Application is dismissed as not pressed with permission to the applicant to agitate his grievance with authorities at Shah Abdul Latif University, Khairpur, in accordance with law, by making such representation/application. If such representation/application is made by the applicant then same it is expected would be decided by the authority at Shah Abdul Latif University, Khairpur, strictly in accordance with law, without being influenced by the orders passed by learned trial and Appellate Court.

                        No order as to costs.

JUDGE

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