IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                                                                              

C.P. No.D-1948 of 2014

(Khursheed Begum v. Province of Sindh and 2 others)

 

C.P. No.D-1949 of 2014

(Abdul Karim v. Province of Sindh and 5 others)

 

C.P. No.D-3166 of 2014

(Saima Memon v. Province of Sindh and 4 others)

 

C.P No.D-3381 of 2014

(Mst. Fozia v. Province of Sindh and 3 others)

 

C.P. No.D-65 of 2015

(Mst. Razia Khatoon v. Province of Sindh and 3 others)

 

C.P. No.D-157 of 2015

(Uroosa Kalwar v. Province of Sindh & 4 others)

 

 

C.P. No.D-179 of 2015

(Abdul Malik v. Province of Sindh and 3 others)

 

C.P. No. D-893 of 2015

(Ghulam Murtaza & 26 others v. Province of Sindh & 8 others)

 

C.P No.D-1019 of 2015

(Muhammad Roshan v. Province of Sindh & 3 others)

 

 

          Present:

           Mr. Nadeem Akhtar, J.

           Mr. Muhammad Faisal Kamal Alam, J.

 

 

Petitioners                 :           Through M/s. Sohail Ahmed Khoso, T. David

Lawrence, Achar Khan Gabole, Ali Gul Abbasi, Abdul Latif Mirbahar, Zakir Ali Rajper and Altaf Hussain Ansari associate of Mr. Muhammad Sadiq Ansari, Advocates.

 

                       

Respondents             :           Through M/s. Zulfiqar Ali Naich, Noor

Hassan Malik and Ahmed Ali Shahani,     Assistant Advocates General Sindh.

 

Date of hearing         :           02.05.2018

 

Date of Order            :           11.07.2018

                                         

 

O R D E R

 

Muhammad Faisal Kamal Alam, J: Common question is involved in all subject Constitutional Petitions, therefore, they are disposed of by this single order.

2.         Grievance of all Petitioners is that they applied for the posts of School Teachers in response to an advertisement issued by Respondents, but despite passing the written test conducted by National Testing Service (NTS) they have not been given appointment orders on the ground that the Petitioners submitted their respective Permanent Resident Certificates (PRC) on Form “D” after the cut-off date. It has been further contended by learned counsel appearing for different Petitioners that the above PRC though was submitted after the cut-off date of 20.06.2012, but the same should have been condoned by the Respondents and must not have formed the basis for not considering the Petitioners against the vacant posts. It is argued that non-submissions of PRC within due date was not a mandatory requirement and the Official Respondents instead should have considered the score / marks obtained by each Petitioner so that their cases for appointment as School Teachers should have been considered on merits, rather than, ousting them (Petitioners) from the competition on technical grounds.

3.         Official Respondents have filed their parawise comments along with the Teachers’ Recruitment Policy-2012, relating to appointment of PST-Primary School Teacher, JST-Junior School Teacher and HST-High School Teacher. Learned AAG while controverting the arguments of Petitioners have drawn our attention to the General Instructions for Appointment Process as contained in the said Policy, where under, the District Recruitment Committee (DRC) is required to examine and verify the original documents of the candidates, list whereof is mentioned in the said Policy, which includes the above referred “D” Form / PRC, at serial No.vii under the heading of ‘verification of documents’; the closing date is mentioned as 20.06.2012. It is further argued that Official Respondents have adopted a uniform yardstick in recruiting teachers, as the requirement of submitting PRC on Form “D” is even mentioned in the above referred public advertisement under Serial-17.

4.         Arguments heard and record perused.

 

5.         The basic facts are not disputed that the advertisement in response to which all the Petitioners have applied and cleared their written tests is of 19.04.2012. Similarly, in the advertisement itself it is clearly mentioned under Serial No.17 that PRC on Form “D” should be submitted along with other listed documents on or before May 20, 2012, which date was further extended upto June 20, 2012 (as mentioned in the afore mentioned Teachers’ Recruitment Policy 2012). This Form “D” Certificate (PRC), certifies the permanent residence of a candidate and is issued to an applicant/candidate, in the present case, the present Petitioners for the specific purpose of recruitment to the public service in the Province of Sindh; thus, its significance cannot be ignored.

6.         The Petitioners have placed on record their respective Permanent Resident Certificates on Form “D” and the same are considered. Except in C.P. No.D-65 of 2015 in which the Form “D” (PRC) is of 22.06.2012, that is, issued two days after the closing date, all other Certificates were issued by the concerned Deputy Commissioners in the years 2013 and 2014, that is, much after the aforementioned cut-off date. This inordinate delay of several months and more than one year (in some of the cases) in submitting the requisite PRC on Form “D” by the Petitioners to the Official Respondents could not be justified by the legal team of Petitioners, nor, they have pleaded in their respective Constitution Petitions the reasons for the above delay. Only ground which the learned counsel for the Petitioners has argued is that requirement of submitting PRC was not mandatory and is condonable. In this regard, reliance is also placed on a reported decision of Hon’ble Supreme Court in Jehanzaib Malik v. Balochistan Public Procurement Regulatory Authority-2018 SCMR Page-414. In this reported decision, the petitioner’s appointment as Director in Respondents’ authority (of the reported decision) was challenged on the ground that he did not possess the requisite qualification nor experience at the relevant time. The learned Balochistan High Court accepted the Petition and the order was assailed by the petitioner before the Hon’ble Supreme Court, which came to the conclusion that the Petitioner (of the reported case) did possess the qualification of Masters in Business Administration in January, 2014 and also obtained the requisite marks. However, the Institute of Business Administration Karachi (IBA, Karachi) issued the degree formally on 7th March, 2015, that is, after the cut-off date of 28.08.2014 when he was appointed as Director. With this undisputed factual background, the Hon’ble Apex Court came to the conclusion that issuance of degree after seven months by the Institute was the factor beyond the control of the petitioner, but the degree itself mentioned that the latter completed his MBA in January, 2014, that is, well within the cut-off date of 28.08.2014.

            We are afraid that the above cited case law is clearly distinguishable as far as the facts of the subject Petitions are concerned. The cited decision could have been applicable, if the present Petitioners of subject Constitutional Petitions have shown that admitted delay in submitting the prescribed PRC on Form “D” was due to the factors beyond their (Petitioners) reasonable control. Admittedly, the present Petitioners did not submit their respective PRCs in the prescribed form on or before the cut-off date. None of the Petitioners have brought on record the documents or other material that they have / had applied to the concerned authorities (the Deputy Commissioners) for issuance of PRC on Form “D” before the closing date and it is due to fault and inaction of the concerned Deputy Commissioner office, that the requisite PRC were not issued to the Petitioners within the prescribed time. Consequently, this non-compliance by the Petitioners, of one of the conditions of the Advertisement and the Policy 2012, cannot be condoned. The learned Larkana Bench of this Court in CP No.D-889/14 also passed a similar order while dismissing the said Petition, that submission of documents after cut-off date of 20.06.2012 is not permissible. This order has been placed on record by the Respondents’ side.

7.         Through the present proceeding, all the Petitioners are seeking judicial review of the administrative acts of Official Respondents (Education Department of Sindh Government) that they (Respondents) did not appoint the Petitioners as School Teachers on account of                non-submission of one of the requisite documents (PRC on Form “D”) as mentioned in the advertisement as well as the afore referred Policy of 2012. It is a well settled principle that for seeking a writ of mandamus of the nature, the Petitioners are required to show their locus standi. The requirement of locus standi can be successfully addressed when it is shown that the Official Respondents or functionaries have acted in violation of law, well recognized departmental practice or meted out a discriminatory treatment to the Petitioners; these are some of the grounds, amongst others, for maintaining a Constitutional Petition of the nature. The writ jurisdiction of the High Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, in our considered view, cannot be invoked for embarking upon a roving inquiry on the basis of mere allegations, or to give a decision on purely academic issues, as it would tantamount to interfering in the functions of the government, which ultimately would damage the public interest rather than protecting it.  

8.         In the present Petitions, there is no complaint that Petitioners have been discriminated against and other persons, who also submitted their PRC after the closing date, were given the appointment letters. Similarly, the selection process as well as the above mentioned Recruitment Policy of 2012 are also not challenged, being non-transparent or violative of any statue. Conversely, the Recruitment Policy as well as the Advertisement have clearly laid own the procedure and the requirements including that of submitting the PRC on Form “D” within the closing date and its violation / non-compliance in the manner stated in the forgoing paragraphs, if was/has not been condoned by the Respondents, then their this impugned action since neither violates any statutory provision(s), rules, prevailing policy, nor the same is discriminatory or arbitrary, therefore, the impugned action cannot be set-aside in the present proceeding.

9.         The upshot of the above discussion is that all these subject Constitutional Petitions are devoid of merits and are dismissed accordingly. However, it is clarified that this decision will not debar the Petitioners from applying afresh for any other or future employment opportunity and in such an event their respective cases would be considered by the Respondents in accordance with the law/relevant rules and the policy holding the field at that time.    

             JUDGE

 

 

JUDGE

 

Sukkur

Dated:_____________

 

M.Javaid PA