IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA.
Present:
Irshad Ali Shah,J.
Agha Faisal, J.
CP D 07 of 2022 : Aman Mangrio vs.
Chairman BISE Larkana &Others
For the Petitioner : Mr. Nisar Ahmed G. Abro, Advocate
Date of hearing : 11.01.2022
Date of announcement : 11.01.2022
ORDER
Agha Faisal, J. 1. Granted. 2. Deferred. 3. Granted, subject to all exceptions. 4. Present petition seeks cancellation of marks certificates issued to all students, having appeared in HSC-II Annual Examination held in July, 2021, and further seeks directions to the Board of Examinations to issue marks sheets in accordance with the demarcateddesire of the petitioner.
2. At the very outset, learned counsel was confronted with respect to the maintainability hereof and queriedas to whether he needed time to address the Court in such regard. Learned counsel abjured the opportunity offered and elected to argue on maintainability today, however, remained unable to satisfy this Court in such regard.
3. It is pertinent to observe that while the petitioner seeks cancellation of marks certificates awarded to students, however, none of the said persons have been arrayed as respondents. Such practice does not meet with the appreciation of this Court.
4. It is apparent from the pleadings that the petitioner has taken no efforts to agitate the grievance before the concerned fora and has approached this Court directly. Article 199 of the Constitution contemplates the discretionary writ jurisdiction of this Court and the said discretion may be exercised in the absence of an adequate remedy. In the present matter admittedly no alternate remedy has ever even been invoked.
4. The entire premise of the petitioner's is based upon disputed questions of fact, requiring detailed factual inquiry, investigation and / or evidence. It is settled law that the adjudication of disputed questions of fact, requiring evidence etc., is not amenable in the exercise of writ jurisdiction[1].
5. In view hereof, we are constrained to observe that in the lis before us the petitioner’s counsel has been unable to set forth a case for the invocation of the discretionary[2] writ jurisdiction of this Court, hence, the listed petition is hereby dismissedin limine.
JUDGE
JUDGE