THE HIGH COURT OF SINDH, BENCH AT SUKKUR

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt. Petition No.D-1270 of 2016

DATE OF

HEARING

ORDER WITH SIGNATURE OF JUDGE.

For hearing of main case.

Present:-

Mr. JusticeYousuf Ali Sayeed, J.

Mr. Justice Zulfiqar Ali Sangi, J.

Haji Shamsuddin Rajper, Advocate for petitioner.

Mr. Ghulam Mustafa Abro, AAG

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Date of hearing: 07.11.2023

Date of Order: 07.11.2023

O R D E R

ZULFIQAR ALI SANGI, J; The petitioner, through the instant petition seeks directions to the respondents for issuing appointment order for the post of Junior School Teacher (JST) being qualified in the Test having his name at Serial No.5 of the merit list.

2. Notices of the petition were issued to the respondents for filing their reply/objections, if any. The respondent No.3 filed the parawise comments wherein the plea taken by the petitioner in respect of his application under the advertisement, appearance in the Test, passing the same and his name at Serial No.5 is admitted. However, the plea taken for non-issuing the appointment order was that the verification of Educational testimonials was not received therefore, appointment order was not issued in the favour of petitioner.

3. The petitioner’s case in respect of verification is that he paid such verification fees in favour of the respondents and it is the duty of the respondents and the institute wherefrom the said verification was sought and the petitioner was not at fault. The payment of fees for verification is not been denied by the respondents.

4. We have heard counsel for the petitioner and learned AAG appearing on behalf of Govt. of Sindh and perused the material available on record.

5. The advertisement of the post, Petitioner applied for the said post, appearance of the petitioner in the test conducted through NTS, passing the said test and placing the name of the petitioner at Serial No.5 of the merit list has not been denied by the respondents. The respondent No.3 in the parawise comments has replied the para No.7 and 8 of the petition as under;

7. That finally the petitioner was selected for his recruitment to the post of Junior School Teacher, for which he has successfully qualified tests, then the petitioner was directed to deposit challan to the tune of Rs.1000/- for verification of his credentials and the petitioner deposited the same vide challan receipt No.11265774, subsequently the respondent No.3 issued such verification letter dated 11.12.2014 (Photocopies of challan and letter dated 11.12.20214 are attached and marked as annexure-“E&E”.-I respectively.

It is admitted that petitioner, like other recommended candidates, submitted DD of Rs.1000/- in favour of Controller of Examinations, Qaud-e-Awan University of Engineering Science and Technology, Nawabshah, for verification of his B.E, Degree certificate and same DD was sent to the quarters concerned but the required verification has not been yet received by this office.

8. That despite fulfillment of all the requirements/codal formalities, the respondents No.2 and 3 continuously kept the petitioner on false and hollow hopes for issuing him the offer letter on merits for his recruitment to the post of Junior School Teacher.

It is submitted to the extent of preceding Paras, the petitioner was not kept on false and hollow hopes but he was clearly told that without verification of his B.E, degree Certificate from the concerned University he could not be issued offer letter for the post of JST. Even, he was given Photostat copies of the letter, dated 11.12.2014 alongwith PC of DD addressed to the Controller of Examination Qaud-e-Awan University of Engineering Science and Technology, Nawabshah to follow up his verification case personally.

6. On 17.08.2022 this Court called the District Education Officer (ES&HS), Naushehro Feroze alongwith complete record and compliance report of his letter bearing No.DEO/Estt/359/2014 dated 11.12.2014 and the reminders issued by him for the verification of educational certificates of the petitioner from the Controller Examination, Qaid-e-Awan University of Engineering Science and Technology, Nawabshah and in compliance of the said order respondent No.3 filed report alongwith certain documents and in para-2 of the report he stated as under;

2. That in response to this officer letter dated 23.09.2022 (Annexure “D”), the Controller of Examination Qaud-e-Awan University of Engineering Science and Technology, Nawabshah, verified and found correct, the B.E Degree Certificate of the petitioner, vide letter No.QUEST/NH/Exams/2870, dated 27.09.2022 (Annexure-“E”).

7. On 10.11.2022 Controller of Examination of Qaid-e-Awan University of Engineering Science and Technology, Shaheed Benazirabad (Nawabshah) was directed to be in attendance alongwith comprehensive report with regard to the verification of educational Certificates of the petitioner sought by Education Officer vide letter No.327 dated 17.09.2015 and 635 dated 18.10.2021. In compliance of the above order the Controller of Examination has filed statement which reads as under:-

STATEMENT

1. In compliance to order dated 10.11.2022 passed by the Honourable High Court of Sindh Bench at Sukkur in above C.P. No.D-1270 of 2016 and in response to the letter vide No.SO(JUD-II) EDU/C.P No.1270/16/1596-S8165 dated 20.10.2021 Govt. of Sindh Karachi, it is submitted that the office of Controller examination QUEST, Nawabshah has forwarded a letter alongwith verified photocopy of degree certificate duly signed by Controller of Examinations QUEST, Nawabshah bearing Sr.No.002509 issued in favour of Mr. Liaqat Ali S/o Atta Hussain Bohio, bearing ID No.99CE53 to Mr. Ghulam Qasim Jandan, Section Officer(Judicial-II), for Secretary of Government of Sindh on 25.10.2021 (copy of letter is enclosed).

2. That in response to letter No.DEO (E/S &HS)/3280 /2022 N. Feroze dated 23.09.2022 of District Education Officer N.Feroze, this officer has also sent a verification letter alongwith photocopy of verified Degree Certificate duly signed by Controller of Examination QUEST, Nawabshah bearing Sr. No.002509 issued in favour of Mr. Liaqat Ali S/o Atta Hussain Bohio bearing ID No.99CE53 to the District Education Officer N. Feroze vide letter No. QUEST/NH/EXAMS /2870 dated 27.09.2022 (copy of letter is enclosed).

3. It is again submitted before the Honourable High Court that the photocopy of Degree Certificate of Bachlor of Engineering (Civil) bearing Sr. No.002509 issued in favour of Mr. Liaqat Ali S/o Atta Hussain Bohio, bearing ID No.99CE53 is duly verified/authenticated and the same is attached for ready reference.

Sd/-

Dated 28.11.2022. Controller of Examination

8. From the above discussed position it is cleared that the petitioner was not on any fault, he applied on the basis of an advertisement, appeared in the test and qualified the same, his name was placed at Serial No.5 of the merit list. No any other objection is raised by the respondents except the verification of the Educational Certificates which on verification as discussed above found to be correct/genuine. Under these circumstances, the petitioner being qualified is entitled to be appointed as JST. The plea taken by the respondent at the time of hearing of this petition that the petitioner has now been appointed in another department against such the plea of petitioner is that he will join the Noble profession and he join temporarily since being unemployed having no other source of income. At this stage, when it came on record that the petitioner being qualified for the post was to be appointed, however, was not appointed for the fault of respondents cannot be deprived of his such right occurred in the year 2013-14.

9. In view of the above, the respondents are directed to issue appointment order in favour of the petitioner for the post of Junior School Teacher (JST) within 30 days of the order and to furnish compliance report through Additional Registrar of this Court.

The petition is disposed of in the above terms.

J U D G E

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