IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        314     of 2014.

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:-

            Mr.JusticeAqeel Ahmed Abbasi, J

            Mr.JusticeGhulamQadirLeghari, J

 

1-     For KatchaPeshi.

2-     For hearing of CMA.No.976/2014 (Stay)

 

18th. March, 2016.

 

                        Mr. Muhammad Asim Malik, Advocate for ptetitioner.

                        Mr. ShahryarImdadAwan, Asstt: A.G.

 

ORDER

 

                        Through instant petition, the petitioner has impugned the process of recruitment for the post of JST Teachers in UC-9 Old Sukkur, District Sukkurin the year, 2013 on the ground that petitioner was declared as successful candidate on merits list, however, she was not issued appointment letter.

2.                     Notices were issued, pursuant to which, comments have been filed on behalf of respondents, wherein it has been stated that though the name of petitioner appeared in merit list at Serial No.6, however, there were only 05 seats in Union Council-9 Old Sukkur, therefore, she has not been given appointment.

3.                     Learned Asstt: A.G has referred to contents of Para No.7 of comments filed by respondent No.5 District Education Officer, Sukkur in this regard, which read as follows:-

 

“Not agreed, however, in this regard it is respectfully submitted that as per final pass list issued by NTS (i.e Test conducting Agency) the name of petitioner has been placed @ Serial No.10, whereas she has secured merit No.09 in the final merit list issued by this office. The claim of petitioner having obtaining merit No.06 is not correct. According to location/vacancies approved by the World Bank (Donor Agency) in need list only 05 candidates will be considered for appointing in this UC in JST General category, while the petitioner is at S.No.09 of the merit list. (Copies of Test result and as well as merit list of female and mix category is annexed as Annexure-A, B & C).

 

4.                     While confronted with such position, learned Counsel for the petitioner submits that as per his instructions, there are 13 vacant seats in Union Council-9, District Sukkur, which are still lying vacant, however, the respondents are not issuing appointment order to the successful candidates as per merit list, including the petitioner.

5.                     Since specific comments have been filed by the District Education Officer, Sukkur, with regard to non-availability of seats as referred to herein above, we are not inclined to disbelieve such fact or to issue any direction in this regard. However, while disposing of instant petition, we would direct the respondents to examine the contention of learned Counsel for the petitioner with regard to availability of seats in Union Council-9, and if there are more seats still available, the petitioner, who is admittedly next in the merit list, may be considered for her appointment in accordance with law.

                        Petition stands disposed of in the above terms along with listed application.

JUDGE

JUDGE

A.R.BROHI