2013 PLP (C (PLC(CS))

AZIZ-UR-REHMAN, J.

The above petition was filed on 26-4-2010 with the following prayers:

(a) That this Honourable Court may be pleased to direct the EDO(respondent No.2) to issue the offer letter/appointment order to petitioner being successful candidate according to rules and regulation and appoint him against the vacant post which is still lying vacant. (b) That this honourable Court may be pleased to direct the respondents Nos.1 to 6 not to appoint any person against the vacant post of petitioner in U.C. wise list of Oderolal Station in Government Primary School, Allah Jurio Baladi till final decision of the petition to avoid any irreparable loss to the petitioner. (c) Award cost in favour of the petitioner against the respondents. (d) Any other relief, which this honourable Court deems fit and proper, may please be awarded to the petitioner.

2. The facts leading to the filing of above petition are that the petitioner, as claimed, by birth is resident of Oderolal Station, Union Council Oderolal Station, Taluka and District Matiari. In support thereof, the petitioner amongst other papers has filed an extract from the voter list of U.C. Oderolal Station, electricity bill and a residential certificate issued by Nazim, Union Council, Oderolal Station. The petitioner as stated, pursuant to advertisement of respondents Nos. 1 to 5 in daily "Kawish" dated 24-9-2008 (inviting application) for appointment of P.S.T. in District Matiari on Union Council Wise and Taluka Wise, moved an application for his appointment as Primary School Teacher. The requirement for successful appointment on such post was above 60% marks. The petitioner was issued admit card for assessment test for Primary School Teacher (P.S.T) by the University Sindh under the signature of its Director Jamshoro. The test was held and the petitioner as stated secured 70% marks and was declared as pass. Thereafter merit list was issued by the respondents Nos.l to 6, Union Council Wise, Taluka Wise and District Wise and the petitioner was shown to be eligible for the post of P.S.T. in the Union Council Wise Statement of U.C. Oderolal Station. The petitioner, it has further been stated, was invited for receiving posting order in the Government Primary School, Allah Jurio Baladi at Hala by the respondents Nos.2 to 6 and the petitioner accordingly participated in the distribution of offer letters' by the respondents Nos.2 to

5. However, offer letter was not handed over to the petitioner though offer letters to the other persons shown in the list of U C. Oderolal were issued. The petitioner's case was kept in abeyance on false hopes and till filing of the petition no offer letter was issued to the petitioner and in this manner the petitioner was discriminated, notwithstanding that the petitioner had already been declared as successful candidate for the post of P.S.T. It is further asserted by the petitioner that the appointments thus made by the respondents were in fact on political basis. Further, it has been stated that the petitioner appeared in the test in 2008 and after waiting almost for a long period of two years such result was announced. The petitioner despite having been successful in the test was deprived of his constitutional right. Per petitioner's assertion, out of 11 successful candidates, the petitioner is the only one who was denied the offer letter.

3. Pursuant to issuance of notices in the present petition, respondent No.2/Executive District Officer, Matiari filed comments on 24-6-2010, in which it was categorically stated that the petitioner belongs to U:C. Oderolal village and not Oderolal station, therefore, in view of such position and complaints of other candidates, the petitioner cannot be selected and thus his name was dropped from the list of U.C. Oderolal Station. Further, it was stated that from CNIC, Domicile and PRC of the petitioner, it is evident that the petitioner lives in village Pinyo Khidri U.C. Oderolal village, Taluka Matiari. The EDO with his comments produced petitioner's National Identity Card issued on 30-6-2003, Domicile Certificate issued on 11-12-2003, Permanent Residence Certificate also issued on 11-12-2003. In all these three documents the addresses described as village Pinyo Khidri. Village Pinyo Khidri is admittedly within the jurisdiction of Union Council Oderolal Village.

4. Apart from the above Mukhtiarkar, Revenue _also filed his comments in compliance with Courts' order and placed on record relevant documents, of course, after conducting enquiry. The relevant documents produced by Mukhtiarkar (Revenue), Taluka Matiari are as under:

(a) Domicile and PRC showing address of petitioner as village Khidri Oderolal Station. (b) Address in CNIC (permanent) Khidri Oderolal P.O. Oderolal Village. (c) Address in CNIC (Present) Civic Center Oderolal Station. (d) Certificate of Secretary U.C. Oderolal Village certify that the petitioner did not residing in U.C. Oderolal Village. (e) Certificate of Naib Nazim of U.C. Oderolal Station certifying that the petitioner resides in U.C. Oderolal Station. (f) Certificate of U.C. Oderolal Station certifying that the petitioner . residing in U.C. Oderolal Station. (g) Voter list produced by the petitioner in which the residential address is shown in Village Pinio Khidri at serial No.230. (h) Statements of two notables stating that the petitioner resides at Civic Center U.C. Oderolal Station for 5 years as per their knowledge and belief.

5. Heard and perused the record.

6. The key question is whether the petitioner is resident of Union Council Oderolal Station or Union Council Oderolal Village. If he is resident of Oderolal Station then he is entitled to be appointed and if he is resident of Oderolal Village then he is not so entitled.

7. In support of his contention that the petitioner is resident of Oderolal Station, he has produced CNIC issued on 7-5-2010, Permanent Residence Certificate issued on 30-4-2010, Domicile Certificate issued on 30-4-2010. He also produced a Residence Certificate issued by Naib Nazim, Union Coucil Oderolal Station on 5-1-2009 and another Residence Certificate issued by Secretary, Union Council Oderolal Station on 12-9-2011. On the other hand, the petitioner's old Identity Card, Domicile Certificate and PRC are of year, 2003, in which the petitioners' addresses is mentioned as Village Pinyo Khidri.

8. Per comments of Mukhtiarkar (Revenue), Taluka Matiar, the petitioner was originally inhabitant of U.C. Oderolal village, but when petitioner applied for P.S.T. in the year, 2008 he ceased to reside in U.C. Oderolal village and presently the petitioner is residing in U.C. Oderolal Station in a house owned by his uncle.

9. The application(sic) and test for appointment were held on 26-4-2009, however the documents produced by the petitioner in support of his contention that he is resident of Union Council Oderolal Station are of subsequent dates i.e. after filing of this petition. On the other hand, all the documents produced by the EDO along with his comments are of the year, 2003 before filing of this petition.

10. When the learned counsel was asked about such anomaly he contended that originally the petitioner was resident of Village Khidri but later on shifted to Oderolal Station where is his uncle's house. No document to establish as to when such transfer of residence took place and the documents produced pertain to the year, 2010. It is thus clear that at the time when the petitioner applied for P.S.T. and set in the test, he was resident of Village Khidri.

11. The second set of documents was seemingly procured after advertisement published in daily "Kawish" dated 24-9-2008 whereby applications for appointment of posts of Primary School Teachers (P.S.T) in District Matiari on the basis of Union Council-wise and Taluka-wise were invited. The documents produced by the EDO, Mukhtiarkar (Revenue), Taluka Matiari a'ong with their comments and by the petitioner are self contradictory and belie the petitioner in his stand taken that he was resident of Oderolal Station. Such conduct of the petitioner, of course, is a prima facie proof, that the petitioner has not approached this Court with clean hands. So also the same is against the recruitment Policy, 2009-i0 which has been declared fair, just and reasonable by Division BencIi of this Court in the case of MUHAMMAD ISMAIL and others v. PROVINCE OF SINDH (2012 PLC (C.S.) 620).

12. Under the circumstances, we are of the considered view that the petitioner is not entitled to be appointed against any vacant post in U.C. Oderolal, Station in Government Primary School, Allah Jurio Baladi, much less on P.S.T. post advertised in the year, 2008. Consequently, this petition is dismissed in limine along with listed application. MWA/I-16/K????????????????????????????????????????????????????????????????????????????????????? Petition dismisse