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