IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

CP D 548 of 2013                :           Mst. Asia & another vs.

Province of Sindh & others.

For the Petitioner                 :           Mr. Ghayoor Abbas Shahani, Advocate.

For the Respondents          :           Mr. Munawar Ali, Asstt. Advocate General.

Date of hearing                    :           23.04.2024.

Date of announcement      :           23.04.2024.

ORDER

Agha Faisal, J.         The petitioners claim entitlement for appointment as school teachers pursuant to a scheme stated to have been launched in 2008, however, have preferred this petition in 2013. At the very outset, the learned counsel was confronted with the issue of laches and he remained unable to satisfy the Court in such regard[1].

            The respondents have filed a reply stating that at the material time 27 candidates had been successful and were processed for appointment; however, the petitioners did not succeed in such regard. While the petitioners controvert the stated position, it is imperative to denote that writ jurisdiction of this Court is not amenable for resolution of disputed questions of fact, requiring inquiry, evidence etc[2]. Even otherwise, the 27 successful candidates that are sought to be displaced have not been impleaded herein.

            In view hereof, this petition is found to be misconceived, hence, dismissed.         

                                                                   Judge

Judge

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[1] Reliance is placed on the Judgment dated 01.04.2015 of the Honourable Supreme Court of Pakistan in Civil Petition No.186-K of 2013 (Muhammad Arif and others v/s. Province of Sindh through Chief Secretary and others), whereby the claims of similar placed petitioners was rejected inter alia on the ground of laches.

[2] 2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.