IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D1157 of 2012               :           Maqbool Hussain & others vs.

District Education Officer, Dadu & others

For the Petitioners               :           Mr. Habibullah G. Ghouri, Advocate

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

Date of hearing                    :           01.03.2022

Date of announcement      :           01.03.2022

ORDER

Agha Faisal, J.         This petition, filed in 2012, seeks appointment of the petitioners to the post of Primary School Teacher (PST) on the premise that they were duly qualified in such regard in pursuance of competitive process concluded in 2007.  The assertion was duly controverted by the respondent department and it was submitted that no record existed of the petitioners having participated in any recruitment process.It was further added that the documentation relied upon by the petitioners was fake. In addition thereto the respondent also relied on the Judgment dated 01.04.2015 of the Honourable Supreme Court of Pakistan in Civil Petition No.186-K of 2013 (Muhammad Arif and others v/s. Province of Sindh through Chief Secretary and others), whereby the claims of similar placed petitioners was rejected inter alia on the ground of laches.  Admittedly, the said findings of the Honourable Supreme Court are squarely applicable in the present facts and circumstances. In view hereof we are constrained to observe that no vested right has been demonstrated before us to merit consideration in the discretionary writ jurisdiction of this Court, the matter is severely hit by laches and in any event the controversy stands determined by the aforementioned pronouncement of the honorable Supreme Court. This petition is found to be devoid of merit, hence, dismissed.

                                                                   JUDGE

JUDGE