IN THE HIGH COURT OF SINDH

AT LARKANA

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

C.P D-100 of 2017               :           Manthar Ali Mugheri vs.

District Education Officer (Primary), Kamber-Shahadadkot at Kamber and others.

For the Petitioner                 :           Mr. Ghulam Dastagir A. Shahani, Advocate

For official Respondents    :           Mr. Abdul Hamid Bhurgri, Additional

Advocate General, Sindh.

Date of hearing                    :           24.04.2024

Date of Order                        :           24.04.2024

ORDER

Agha Faisal, J.         The petitioner claims entitlement for appointment as a primary school teacher pursuant to a recruitment process stated to have been launched in 2008, however, has preferred this petition in 2017. At the very outset, the learned counsel was confronted with the issue of laches and he remained unable to satisfy the Court in such regard[1].

            Learned AAG has pointed out that the petitioner had earlier filed a petition in such regard, being CP D 1464 of 2014, and the same had been dismissed vide orders dated 19.01.2017. Petitioner’s counsel was queried as to how this subsequent petition could be entertained inter alia in view of Order II rule 2 CPC, however, he remained unable to displace the bar of law.

            Even otherwise the petitioner seeks to agitate disputed questions of fact, notwithstanding settled law that writ jurisdiction of this Court is not amenable for resolution of disputed questions of fact, requiring inquiry, evidence etc[2].

            In view hereof, this petition is found to be misconceived, hence, dismissed. While this is a fit case for imposition of exemplary costs upon the petitioner, for having preferred this misconceived petition, a lenient view is taken and the imposition is eschewed.

                                                                                    Judge

Judge

---

[1] Reliance is placed 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.

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