ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No. 369/2010, 404, 482, 763 & 774/2012,

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For Katcha Peshi.

19.9.2012

Mr. Habibullah Ghouri, advocate for petitioners.

Mr. Azizul Haq Solangi, Asstt. A. g assisted by Mr. Qazi Muhammad Bux, State Counsel.

Mushtaque Ali Kalhoro, District Officer (E), Headquarter on behalf of Director, Schools Education Larkana, Region Larkana.

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By common order in connecting C.P.No.;D-482, 404, 774 and 763 of 2012, we are deciding the petitions as common point is involved in the aforementioned identical petitions.

The petitioners have applied for the post of Primary School Teacher in BPS-7. Respondents called them for the examination. After conducting all the examination, the petitioners were declared successful for the post of Primary School Teachers and the respondent No.1 issued offer letters to them. The medical test for the fitness of the petitioners was conducted and the petitioners were found fit and such fitness certificate issued to them. The cases of the petitioners were referred to SSP, Special Branch Sukkur for verification of their antecedents, such report regarding their antecedents were submitted by the police.

Learned counsel for the petitioners submitted that despite of the facts that petitioners were declared successful for the posts of Primary School Teachers and offer letters were issued to them, therefore, the respondents were bound by law to issue appointment orders to the petitioners but no appointment letters were issued to the petitioners and they were kept on hopes for last several years. Their offer letters were not cancelled by the respondents till date, therefore, they approached to this Court with the following relief :

a) That this Honourable Court may graciously be pleased to direct the respondents to issue appointment order oft the petitioner for the post of Primary School Teacher BPS-07.

b) To declare the action of non-issuing the appointment order of the petitioner as Primary School Teacher as null and void.

c) Award costs of the petition.

d) Any other equitable relief be granted to the petitioner.

Learned counsel for the petitioners submits that in identical petition, the apex Court passed order on 03.5.2012 in Criminal Original Petitions No.10-K/2011 to 16-K/2011 and 6-7-K/2011, photocopy of the certified copy of the same is enclosed with the memo of petition in C.P.No.D-763/12, at page No.39, the relevant portion of the same is reproduced as below :

“….By consent, we would direct that the exercise aforementioned be carried out by the Secretary Education, Government of Sindh in his office on 07.5.2012 at 09:00 a.m and in case any or all the Petitioners/Applicants fulfill the criteria laid down in the aforementioned advertisement, the Secretary Education would issue them posting orders etc. In case any or all the Petitioners/Applicants do not qualify then he would submit a detailed report before us on the next date of hearing.”

Learned counsel for the petitioners has also placed on record photo-copy of order passed in C.P.No.D-177/2007 by Division Bench of this Court on 27.10.2011, wherein several other orders passed by this Court in identical petitions in the same circumstances are referred.

Learned Asstt. A. G present in Court along with Mushtaque Ahmed Kalhoro, District Officer, Education submits that he has no objection if in the same terms and conditions as the Honourable apex Court as well as this Court have passed the orders referred may also be passed in the present petitions.

In view of the facts and circumstances referred to above and by consent of the learned counsels for the parties, the Secretary Education Government of Sindh is hereby directed to decide the cases of the petitioners in the present petitions as per the dictum laid down by the Honourable Supreme Court of Pakistan in Criminal Original Petitions No.10-K to 16-K of 2011 & 6, 7-K/12within thirty days from today. In case any or all the petitioners do not qualify then he would submit a detailed report to this Court through Additional Registrar. Petitions stand disposed of in the above terms.

Judge