O R D E R S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

C.P No.D-47 of 2010

Date	Order with signature of the Judge

For Katcha Peshi

01.12.2011

Mr. Ali Azhar Tunio, advocate for petitioner.

Mr. Abdul Hamid Bhurgri, Additional A.G.

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Vide order dated 09.6.1997 petitioner was selected for training as Tapedar in the Tapedar Training Course. It appears that thereafter the course was cancelled. A number of petitions wwere filed and in CP No.458 and 692 of 2008 decided on November 10, 2008 it was held that the petitions were dismissed being barred by latches and also for the reason that the petitioner had not participated in subsequent selection process. This judgment is reported as Riaz Hussain and 2 others v. Province of Sindh through Secretary Govt. of Sindh Board of Revenue, Hyderabad and 3 others, 2010 PLC ( CS ) 894.

Learned counsel submitted that the reported judgment was challenged in the Supreme Court and in CPLA No.498-K of 2008 on 24.11.2009 Advocate General Sindh gave statement that the petitioners in those petitions will be considered for training program for Tapedar in the next session. CPLA was consequently withdrawn. Learned counsel submitted that it is not available to the Government to give a concession in case of one person and refuse the same in case of another person particularly when both the persons are similarly placed.

Learned Additional A.G submitted that the training course was cancelled in 1997 and this petition has been filed in 2010 and therefore, is grossly barred by latches.

We have considered the submissions made by the learned counsel and have also gone through the record. In CPLA No.498-K of 2008 the Advocate General Sindh stated in the Supreme Court that the petitioners would be considered for training program of Tapedars in the next session. Since the concession has been given by the government in one case it is not available to the government to practice discrimination between two similarly placed persons. A perusal of the reported case indicates that factual context of the reported case and the present case is the same. Consequently, this constitution petition is disposed of by directing the government to consider the petitioner for training program of Tapedar in the next session.

Judge