2010 MLD 315 (PLP)

HAFIZ ABDUL REHMAN ANSARI, J.

The petitioner donated four kanals of land to the Provincial Government with the condition that when the Education Department will construct a Government Girls Middle School at Tibey Wala and education will commence in the school it was undertaking from the Education Department for four Class-IV employees such as Mali, Naib Qasid etc. will be recruited on the choice of donor of the land. This undertaking/agreement was allegedly executed between the parties on 26-9-1998.

2. Learned counsel for the petitioner submits that building of school was constructed. The petitioner moved an application to respondent No.3 for considering terms and conditions of agreement and for appointment of Class-IV employees from the petitioner's family but no heed was given to his request. He further submits that presently staff of the Government Girls Middle School Tibey is being appointed. The petitioner submitted three applications of his family members in accordance with the undertaking/agreement made on 26-9-1998; that the petitioner repeated his demand and even sent applications to respondents through post. Through this writ petition the petitioner is seeking the implementation of the said agreement.

3. Learned counsel for the petitioner was confronted whether this Court has jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, to implement any agreement between the parties or appropriate remedy is suit for specific performance of the contract, he could not reply satisfactorily. The perusal of the comments filed by E.D.O. (Education), D.G. Khan reveals that any officer/official of the department has not signed so-called contract/ agreement. In reply it has further contended that agreement signed has no legal sanctity.

4. I have heard the learned counsel for the petitioner. Firstly the said agreement appears invalid and unlawful as no government official can strike such a deal for recruitment of employees in the Government department. Secondly if there is violation of any terms-and conditions the proper remedy for the petitioner is to file a civil suit before the Court of competent jurisdiction, for the enforcement of contractual liability the appropriate forum is the Civil Court. I am fortified from the judgments PLD 1987 Lahore 262 "Pakistan Mineral Development Corporation v. Pak. Wapda", PLD 1986 Quetta 181 "Chandpur Mills Ltd. v. District Magistrate Tippesa", PLD 2007 SC 298 "Zonal Manager v. Mst. Parveen Akhtar and another", 1968 SCMR 1136 "Muzaffar-ud-Din v. Chief Settlement Commissioner" and PLD 1962 SC 108 Momin Motor Company v. Regional Transport Authority. In all these cases, supra it' is held or observed that contractual rights and obligations have to be enforced through Courts of ordinary jurisdiction. The High Court in exercising its jurisdiction will be loath to interfere in matters arising out of contractual obligations. The normal remedy at law being a suit for the enforcement of contractual rights and obligations, the High Court will not grant relief under Article 199 of the Constitution merely for the purpose of enforcing contractual rights and obligations. This Court cannot exercise powers under Art. 199 of the Constitution for the implementation of any alleged undertaking between the parties. This petition is meritless, hence dismissed in limine. M.U.Y./A-345/L Petition dismissed.