IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-1270 of
2016
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
For hearing of main case.
Present:-
Mr.
JusticeYousuf Ali Sayeed, J.
Mr. Justice Zulfiqar Ali Sangi, J.
Haji
Shamsuddin Rajper, Advocate for petitioner.
Mr. Ghulam
Mustafa Abro, AAG
*********
Date
of hearing: 07.11.2023
Date
of Order: 07.11.2023
O R D E R
ZULFIQAR ALI SANGI, J; The petitioner, through the
instant petition seeks directions to the respondents for issuing appointment
order for the post of Junior School Teacher (JST) being qualified in the Test
having his name at Serial No.5 of the merit list.
2. Notices of
the petition were issued to the respondents for filing their reply/objections,
if any. The respondent No.3 filed the parawise comments wherein the plea taken
by the petitioner in respect of his application under the advertisement,
appearance in the Test, passing the same and his name at Serial No.5 is
admitted. However, the plea taken for non-issuing the appointment order was
that the verification of Educational testimonials was not received therefore,
appointment order was not issued in the favour of petitioner.
3. The
petitioner’s case in respect of verification is that he paid such verification
fees in favour of the respondents and it is the duty of the respondents and the
institute wherefrom the said verification was sought and the petitioner was not
at fault. The payment of fees for verification is not been denied by the
respondents.
4. We have heard
counsel for the petitioner and learned AAG appearing on behalf of Govt. of
Sindh and perused the material available on record.
5. The
advertisement of the post, Petitioner applied for the said post, appearance of
the petitioner in the test conducted through NTS, passing the said test and
placing the name of the petitioner at Serial No.5 of the merit list has not
been denied by the respondents. The respondent No.3 in the parawise comments
has replied the para No.7 and 8 of the petition as under;
7. That finally the petitioner was
selected for his recruitment to the
post of Junior School Teacher, for which he has successfully qualified tests,
then the petitioner was directed to deposit challan to the tune of Rs.1000/-
for verification of his credentials and the petitioner deposited the same
vide challan receipt No.11265774, subsequently the respondent No.3 issued
such verification letter dated 11.12.2014 (Photocopies of challan and letter
dated 11.12.20214 are attached and marked as annexure-“E&E”.-I
respectively. |
It is admitted that petitioner, like other
recommended candidates, submitted DD of Rs.1000/- in favour of Controller of
Examinations, Qaud-e-Awan University of Engineering Science and Technology,
Nawabshah, for verification of his B.E, Degree certificate and same DD was
sent to the quarters concerned but the required verification has not been yet
received by this office. |
8. That despite fulfillment of all the
requirements/codal formalities, the respondents No.2 and 3 continuously kept
the petitioner on false and hollow hopes for issuing him the offer letter on
merits for his recruitment to the post of Junior School Teacher. |
It is submitted to the extent of preceding Paras,
the petitioner was not kept on false and hollow hopes but he was clearly told
that without verification of his B.E, degree Certificate from the concerned
University he could not be issued offer letter for the post of JST. Even, he
was given Photostat copies of the letter, dated 11.12.2014 alongwith PC of DD
addressed to the Controller of Examination Qaud-e-Awan University of
Engineering Science and Technology, Nawabshah to follow up his verification
case personally. |
6. On 17.08.2022
this Court called the District Education Officer (ES&HS), Naushehro Feroze
alongwith complete record and compliance report of his letter bearing
No.DEO/Estt/359/2014 dated 11.12.2014 and the reminders issued by him for the
verification of educational certificates of the petitioner from the Controller
Examination, Qaid-e-Awan University of Engineering Science and Technology,
Nawabshah and in compliance of the said order respondent No.3 filed report
alongwith certain documents and in para-2 of the report he stated as under;
2. That in
response to this officer letter dated 23.09.2022 (Annexure “D”), the Controller
of Examination Qaud-e-Awan University of Engineering Science and Technology,
Nawabshah, verified and found correct, the B.E Degree Certificate of the petitioner, vide letter
No.QUEST/NH/Exams/2870, dated 27.09.2022 (Annexure-“E”).
7. On 10.11.2022
Controller of Examination of Qaid-e-Awan University of Engineering Science and
Technology, Shaheed Benazirabad (Nawabshah) was directed to be in attendance
alongwith comprehensive report with regard to the verification of educational
Certificates of the petitioner sought by Education Officer vide letter No.327
dated 17.09.2015 and 635 dated 18.10.2021. In compliance of the above order the
Controller of Examination has filed statement which reads as under:-
STATEMENT
1. In compliance to order dated 10.11.2022
passed by the Honourable High Court of Sindh Bench at Sukkur in above C.P.
No.D-1270 of 2016 and in response to the letter vide No.SO(JUD-II) EDU/C.P
No.1270/16/1596-S8165 dated 20.10.2021 Govt. of Sindh Karachi, it is submitted
that the office of Controller examination QUEST, Nawabshah has forwarded a
letter alongwith verified photocopy of degree certificate duly signed by
Controller of Examinations QUEST, Nawabshah bearing Sr.No.002509 issued in
favour of Mr. Liaqat Ali S/o Atta Hussain Bohio, bearing ID No.99CE53 to Mr.
Ghulam Qasim Jandan, Section Officer(Judicial-II), for Secretary of Government
of Sindh on 25.10.2021 (copy of letter is enclosed).
2. That in response to letter No.DEO (E/S
&HS)/3280 /2022 N. Feroze dated 23.09.2022 of District Education Officer
N.Feroze, this officer has also sent a verification letter alongwith photocopy
of verified Degree Certificate duly signed by Controller of Examination QUEST,
Nawabshah bearing Sr. No.002509 issued in favour of Mr. Liaqat Ali S/o Atta
Hussain Bohio bearing ID No.99CE53 to the District Education Officer N. Feroze
vide letter No. QUEST/NH/EXAMS /2870 dated 27.09.2022 (copy of letter is
enclosed).
3. It is again submitted before the Honourable
High Court that the photocopy of Degree Certificate of Bachlor of Engineering (Civil) bearing Sr. No.002509
issued in favour of Mr. Liaqat Ali S/o Atta Hussain Bohio, bearing ID No.99CE53
is duly verified/authenticated and the
same is attached for ready reference.
Sd/-
Dated 28.11.2022. Controller
of Examination
8. From the
above discussed position it is cleared that the petitioner was not on any fault,
he applied on the basis of an advertisement, appeared in the test and qualified
the same, his name was placed at Serial No.5 of the merit list. No any other
objection is raised by the respondents except the verification of the
Educational Certificates which on verification as discussed above found to be
correct/genuine. Under these circumstances, the petitioner being qualified is
entitled to be appointed as JST. The plea taken by the respondent at the time
of hearing of this petition that the petitioner has now been appointed in
another department against such the plea of petitioner is that he will join the
Noble profession and he join temporarily since being unemployed having no other
source of income. At this stage, when it came on record that the petitioner
being qualified for the post was to be appointed, however, was not appointed
for the fault of respondents cannot be deprived of his such right occurred in
the year 2013-14.
9. In view of the
above, the respondents are directed to issue appointment order in favour of the
petitioner for the post of Junior School Teacher (JST) within 30 days of the
order and to furnish compliance report through Additional Registrar of this
Court.
The petition is disposed of in the above terms.
J U D G E
J U D G E
Ihsan/*