ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 953 of 2013

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For Katcha Peshi.

2- For hearing of CMA.No.3010/2013 (Stay)

15^th. March, 2016.

Mr. Shahryar Imdad Awan, Asstt: A.G along with Ghulam Hyder Bullo, District Education Officer, Khairpur.

Petitioner and his Counsel called absent. No intimation received. Pursuant to Court notice, Ghulam Hyder Bullo, District Education Officer, Elementary, Secondary & Higher Secondary, Khairpur has shown appearance and filed comments, which are taken on record. Learned Asstt: A.G has referred to Para No.5 of comments, which reads as follows:-

“In this regard, it is respectfully submitted that the respondent No.4 have secured the 75 marks/score in written test conducted by the NTS and having the residential address as Court Road, Thari Mirwah which exists in UC Thari Mirwah as authenticated by the Deputy Commissioner, Khairpur vide his letter No.DC/GB/ 214 dated 29.01.2014 (copy annexed as Annexure-A), whereas, the petitioner have secured 74 marks/score in written test, hence the claim of the petitioner is not justified.”

It has been stated by learned Asstt: A.G that petition is misconceived and liable to be dismissed as petitioner did not qualify the test for his appointment as claimed on merits. It appears that petitioner has lost interest to proceed with the matter as petitioner has not remained vigilant to pursue his remedy, whereas, instant petition is pending since 2013. Accordingly, instant petition is dismissed for non-prosecution along with listed application.

JUDGE

JUDGE

A.R.BROHI