ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

C.P.No.D-238 of 2019

Date of hearing

Order with signature of Judge

For hearing of main case.

Before:

                    Mr. Justice Muhammad Junaid Ghaffar

                    Mr. Justice Irshad Ali Shah

Date of hearing :    11.08.2020.

Date of Order    :    11.08.2020.

Mr. Safdar Ali Ghouri, Advocate for the petitioner.

                        Mr. Liaquat Ali Shar, Additional Advocate General, Sindh.           

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1.                    It is contended by learned counsel for the petitioner that a Degree College was established by the Government in Village Mubarak Pur, it was shifted to Village Garhi Hassan and now it is being called as Sardar Sohrab Khan Sarki Government Decree College, Taluka Thull. By contending so, he sought for declaration to the effect that shifting of the said college from Village Mubarak Pur to village Garhi Hassan is illegal and void, with direction to the respondents to shift the same back to village Mubarak Pur, by way of instant constitutional petition.

2.                    It is contended by learned A.A.G Sindh that the college is functioning in defunct Government Boys Higher Secondary School Sardar Sohrab Khan Sarki, Taluka Thull, since year 2017 and filing of the instant constitutional petition by the petitioner in year 2019 is with ulterior motives. By contending so, he sought for dismissal of the instant constitutional petition.

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

4.                    Nothing has been brought on record which may suggest that the college was actually made functional at village Mubarak Pur; the same admittedly is made functional at village Garhi Hassan since year 2017 with infrastructure. The college is not a moveable property like a Bus, which could be moved from one to other place at the instance of individuals.

5.                    Prima facie, the petitioner has failed to make out a clear case of infringement of his fundamental right or establishing malafide on the part of respondents, which may call for making interference with the subject issue by this Court, by way of instant constitutional petition; it is dismissed accordingly alongwith listed application (if any), with no order as to costs.

                                       JUDGE

                                                                             JUDGE