IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        1672   of 2014.

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:-

Mr. Justice Aqeel Ahmed Abbasi, J

Mr. Justice GhulamQadirLeghari, J.

 

FOR KATCHA PESHI

18th. March, 2016.

 

                        Mr. Zafar Ali EidanMangi, Advocate for petitioner.

Mr. ShahryarImdadAwan, Asstt: A.G.

 

ORDER

 

                        Through instant petition, the petitioner has expressed her grievance against the respondents, who according to learned counsel for petitioner have not issued appointment letter to the petitioner for the post of P.S.T  in Union Council, Jillani, District Khairpur Mir’s, inspite of the fact that she secured 63 marks and was declared as successful candidate in the N.T.S test.

2.                     Notices were issued, pursuant to which comments have been filed on behalf of respondent No.4, wherein it has been stated that though the name of petitioner appeared in merit list, however, petitioner secured 63 marks, whereas, last candidate who was given appointment as P.S.T Teacher secured 68 marks.

3.                     Learned Asstt: A.G has referred to Para No.6 & 7 of comments filed by  respondent No.4, District Education Officer (Primary) Khairpur in this regard which read as follows:-

 

6. In this regard, it is respectfully submitted that the petitioner produced her domicile of UC Jillani, TalukaKhairpur& as per her score rank she could not be compete in UC Jillani. The last selected candidate’s score of UC Jillani is 68 and the petitioner score is 63.

 

7. As per recruitment Rules & Policy, no any candidate of other District may be appointed, however, it is respectfully submitted that Education & Literacy Department, Government of Sindh advertised on dated 19.4.2012 in various Newspapers i.eKawish, Jang & Dawn that all the candidates who possess the qualification of HSC or equivalent at least in second division are advised to submit their applications along with all relevant documents i.e Domicile & PRC form “D” upto 20.6.2012 for the post of PST on UC based vacancy. No any candidate given more time to submit their documents.”

 

4.                     While confronted with such position, learned Counsel for the petitioner could not controvert the same, however, submits that as per instructions still there are more seats lying vacant in Union Council, Jillani, District Khairpur Mir’s, however, the respondents without assigning any reason are not issuing appointment letter to the petitioner.

5.                     Since specific comments have been filed by the District Education Officer, Khairpur, 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 Jillani, and if there are more seats still available, the petitioner, who has secured 63 score in the merit list, may be considered for her appointment in accordance with law.

                        Petition stands disposed of in the above terms.

JUDGE

JUDGE

A.R.BROHI