ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt:Petition.No.D-658 of 2015.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For hearing of M.A.No.7318/2016 .

02. For maintainability of main case.

08.12.2021

                        Mr. Sajid Hussain Mahessar, Advocate for the petitioner.

                        Mr. Abdul Hamid Bhurgri, Addl.A.G

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                        It is contended by learned counsel for the petitioner that the official respondents be directed to appoint the petitioner as Primary School Teacher under disable quota basis, as he has qualified the requisite Test by obtaining 83 Marks.

                        Learned Addl.A.G while making reference to comments filed respondent No.2 has sought for dismissal of the instant constitutional petition by contending that the petitioner has not applied for his appointment under disable quota and his marks were much below the marks than the persons who have been appointed on merit/disable quota basis, who respectively have obtained 89 and 85 marks.

                        We have considered above arguments and perused the record.

                         Apparently, the marks obtained by the petitioner are much below the marks obtained by the persons, who have been appointed on merit/disable quota basis. The dispute with regard to marks obtained and one being disable or otherwise involving factual controversy even otherwise could not be resolved by this Court in exercise of its constitutional jurisdiction.

                        In view of above, the instant constitutional fails and is dismissed accordingly.

J U D G E

       J U D G E