IN THE HIGH COURT OF SINDH, SUKKUR BENCH, SUKKUR

C.P No.D-339 of 2015

Present:

Mr. Justice Yousuf Ali Sayeed,J

Mr. Justice Zulfiqar Ali Sangi,J.

Petitioner: Raja Ishtiaque s/o Dr. Ali Nawaz Phulpoto through Mr. Waqar Ahmed Phulpoto, Advocate.

Respondents: P.O Sindh and others through Mr. Shahryar Imdad Awan, AAG.

Date of hearing: 07.12.2023

Date of decision: 07.12.2023

O R D E R

Zulfiqar Ali Sangi, J: Through instant petition, the petitioner seeks appointment in the Education Deportment being qualified for the post of Primary School Teacher (PST) on quota basis from Union Council Machyoon. Petitioner mainly claimed the appointment on the basis that he secured 69 percent marks and was placed at Sr. No. 16 of the merit list whereas, the total post vacant in the concern Union Council were also 16.

2. After the notices, respondents filed their respective reply/objections, wherein they not denied claim of petitioner in respect of his securing marks and placing his name at Sr. No. 16 in Union Council Machiyoon. However, their stand for denial of appointment was that the total 16 posts were available in the union council concerned (03 Male + 01 Female + 12 Mixed) and another candidate named Mansoor Ahmed also secured the score equal to the petitioner was appointed being senior in age as per the policy. The date of birth of the petitioner was 21-12-1990 whereas the date of birth of Mansoor Ahmed was 20-01-1981. The petitioner claimed that only 15 candidates as per the merits list were appointed and the one candidate named Ms. Kalsoom daughter of Noor Muhammad was declared successful for the post of PST and the JST and was considered/recommended for the post of JST therefore, the petitioner become next was to be appointed and the said vacancy still exist to which respondent clarified that one candidate namely Ms. Kalsoom daughter of Shamsuddin had applied from UC Machiyoon and her result mistakenly was announced in another UC to which she filed appeal before the District Recruitment Committee (DRC) and the same was allowed and her name was included in the list of JST of the UC Machiyoon and after her name included the name of Ms. Kalsoom d/o Noor Muhammad was reversed from the list of JST to the list of PST being holder of the score above the petitioner.

3. We have considered the contentions of the parties including the documents produced before us and are of the view that the petitioner is failed to make out his case for issuance of writ of mandamus. Resultantly, this petition is dismissed.

J U D G E

J U D G E