IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D2580 of 2011               :           Attaullah Teevnovs.

District Education Officer &Others

 

For the Petitioner                 :           Mr. Habibullah Ghouri, Advocate

 

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Addl. A.G.

                                                           

Dates of hearing                  :           09.02.2022.

 

Date of announcement      :           09.02.2022.

 

 

ORDER

 

Agha Faisal, J.         The petitioner’s counsel sought a writ of quowarranto against respondent No.4, however, the said claim was alien to the prayer clause, wherein merely appointment of the petitioner was sought as naib qasid. The comments available on record prima facie controvert any entitlement of the petitioner to the relief prayed as inter alia the petitioner had never applied for any such post, hence, was devoid of locus standi herein. Petitioner’s counsel admitted that there was no record of any application having been made by the petitioner for appointment in this regard, either on file or available with the petitioner. While the petitioner remains at liberty to participate in any recruitment process,itis apparent that no vested right has been demonstrated before us to merit invocation of the discretionary[1] writ jurisdiction of this Court and even otherwise this matter is fraught with factual controversy, not amenable for adjudication in writ jurisdiction[2]. In view hereof, this petition is found to be without merit and is hereby dismissed.

 

                                                                   JUDGE

 

JUDGE

                  



[1]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.

[2]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.