2017 PLP (C (PLC(CS)N)
Mst. SABA ALI Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 6 others
| Citation | 2017 PLP (C (PLC(CS)N) |
| Forum / Court | Sindh High Court (Hyderabad Bench) |
| Bench Members | Salahuddin Panhwar and Muhammad Iqbal Mahar, JJ |
| Parties | Mst. SABA ALI Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 6 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2017 PLP (C (PLC(CS)N)?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP (C (PLC(CS)N)?
The case was heard and decided by the Sindh High Court (Hyderabad Bench) bench comprising: Salahuddin Panhwar and Muhammad Iqbal Mahar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP (C (PLC(CS)N) (Mst. SABA ALI Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 6 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hameed Bajwa for Petitioner.
Headnotes / Summary
Merit
Advertisement for appointment of Junior Science Teacher in education department
Department announced two seats of Junior Science Teacher in the concerned Union Council
Only one seat was filled by the appointing authority but other seat was kept vacant as no minority candidate was available
Contention of petitioner was that she stood at serial No. 2 of the merit list and was entitled for appointment
Policy with regard to appointment of minority and disabled was of general in nature
Recruitment Committee was required to consider the case of disabled and minority at first with preference
No vacancy could be kept vacant due to non-availability of minority or in the name of mere policy
Aim and object of policy was to educate the children by making appointment on merit
Department was directed by High Court to issue appointment order in favour of petitioner within one month
Constitutional petition was allowed in circumstances. [Para. 3 of the judgment] Ashfaque Nabi Kazi, Asst. A.G. along with Syed Mehfooz Ali Shah DSE Shaheed Benazirabad and Ghulam Ali Dy. DSE Primary.
Judgment & Decree
SALAHUDDIN PANHWAR, J.
Petitioner appeared in NTS test for recruitment in education department as JST; succeeded in that examination and stood at serial No.2 in merit list. As per announcement two seats were taken in U.C. Manhro. Respondents filed comments wherein not denied the result of NTS examination and success of petitioner, however it is contended that there were two posts one was filled by appointing respondent No.7 namely Mst. Samina whereas second seat was not filled for reason that no minority candidate was available hence same is yet lying vacant. It is further contended that in new recruitment number of posts should be announced on need basis. It is surfaced that policy with regard to appointment of minority and disable is of general in nature and DRC was required to consider the case of disable and minority as first with preference however, we are unable to understand that when it is not disputed that in UC there were need of two Teachers then how in name of mere policy or non-availability of a minority candidate the same can be kept lying vacant?. This would need no reiteration that need of teacher is meant for educating the children. The need of teacher for 'education of children' normally should not be kept hanging for an indefinite more particularly when undeniably 'need' in UC exists and continuing. The fact of standing of the petitioner at Sr.No.2 in 'order of merit' is also not disputed therefore, peculiar situation demands that right (need) of children to be educated is otherwise guaranteed by Article 25-A of Constitution. Besides, the aim and object of policy was/is to educate children by making appointment on merit. Accordingly the instant petition is allowed. Respondent No.4 Director of Schools Education, Hyderabad Region at Hyderabad shall issue appointment to petitioner within one month with compliance report. ZC/S-113/Sindh Petition allowed.