ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        377     of 2012

 

DATE                         ORDER WITH SIGNATUR EOF HON’BLE JUDGE

1-     For Katcha Peshi.

2-     For hearing of CMA.No.1473/2012 (Stay)

 

24th. February, 2016.

 

                        Mr. Nisar Ahmed Bhanbhro, Advocate for petitioner.

Mr. Liaquat Ali Shar, Addl: A.G.

 

                        Through instant petition, the petitioner has impugned letter dated 27.10.2011 issued by E.D.O (Education), Khairpur Mir’s, whereby the offer letter dated 07.07.2011 for the post of PST in respect of petitioner has been cancelled after scrutiny of documents on the ground that the certificates produced by the petitioner reflects that the petitioner is resident of UC-Gambat-II and not of             UC-Gambat-I, for which the said post was advertised.

                        Learned Counsel for petitioner submits that offer letter issued by the E.D.O (Education), Khairpur has been cancelled on the basis of suspicion, whereas, no proper scrutiny was made nor the petitioner was given an opportunity to produce the relevant documents including original PRC, which according to learned Counsel for the petitioner was issued from UC-Gambat-I.

                        Notices were issued pursuant to which, comments have been filed on behalf of respondents, wherein the claim of the petitioner has been denied. It will be advantageous to reproduce Para No.3 of the comments filed by the respondent No.2., which reads as under:-

“It is respectfully submitted that according to Recruitment Policy, the written test is conducted for recruitment for the posts of PST, JST & HST, wherein atleast 60% in written test in the minimum criteria for considering for the appointment, but the appointments were made against vacant / need basis on the U/C basis for PSTs, on Taluka level for JST and District level for HSTs. In the case of petitioner, her result was announced from Union Council-II, whereas, the post of PST was lying vacant in UC Gambat-I. The Photostat documents supplied by the petitioner specially the certificate of Union Council shows that she belongs to UC Gambat-I (copy enclosed), hence, the offer letter was issued to the petitioner, but when the petitioner came for verification of offer letter along with original documents, it was noted that she belongs to UC Gambat-II (copy enclosed). As already stated above, the post was lying in UC Gambat-I, hence, the offer letter was cancelled vide this office letter No.EDOE/Admn/PRY/121 dated 27.10.2011 (copy enclosed). It is pertinent to mention that after the cancellation of offer letter, the petitioner supplied a fresh UC Certificate issued by the Union Council Secretary showing UC Gambat-I (Copy enclosed).    

           

                        Learned Addl: A.G submits that the matter involves disputed facts, whereas, the petitioner did not belong to UC Gambat-I, therefore, the cancellation of offer letter was issued in accordance with law.

                        While confronted with such position, learned Counsel for the petitioner submits that the petitioner is in possession of original documents relating to her residence and submits that the petitioner will be satisfied if the respondents may be directed to consider the case of petitioner afresh after providing an opportunity of being heard, whereafter proper orders may be passed by the respondents regarding the appointment of the petitioner as PST. Accordingly, instant petition is disposed of along with listed application with direction to the petitioner to approach the respondents along with her original documents, which may be considered by the respondents strictly in accordance with law and appropriate orders may be passed thereon within a period of two months.

JUDGE

JUDGE

A.R.BROHI