CONSTITUTIONAL PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973



CONSTITUTIONAL PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 SAMPLE



IN THE HIGH COURT OF SINDH CIRCUIT COURT AT HYDERABAD 
Constitutional Petition D. No. /2013 

Sohrab Mangi s/o Ismail Mangi, Muslim, Adult, r/o Village Muhammad Ismail Tevno Pat Sharif, Post PST-Union Council Pat, Taluka Dadu, Dadu. -------------------------------------- PETITIONER 

VERSUS 

1. Province of Sindh Through the Chief Secretary, Government of Sindh, Sindh Secretariat, Karachi. 

2. The Secretary, Ministry of Education & Literacy Dept., Government of Sindh, Sindh Secretariat, Karachi. 

3. The Deputy Commissioner (former D. C. O.), D. C. Office, Dadu, Sindh. 

4. The District Officer (Education), Dadu, Sindh. ---------------------  RESPONDENTS 

CONSTITUTIONAL PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973


The Petitioner respectfully begs to submit the following facts:

FACTS

1. That in response to the advertisement dated 30/01/2004 published in Daily Kawish Hyderabad against the posts of ‘Junior School Teacher’, ‘Primary School Teacher’ and ‘High School Teacher’ in the Education Department throughout the Province of Sindh, the above-named Petitioner satisfying the required criterion and academic qualifications applied for his appointment against the vacancy of Primary School Teacher (hereinafter referred to as “PST”). 

2. That pursuant to his application, the Petitioner was accordingly informed through print media/individual call letter about the date and place of the tests and also given a admit card by the Education & Literacy Department for the assessment of his eligibility and suitability against the PST post. 
                        (Photocopy of the Petitioner’s admit card is attached herewith and marked as Annexure “P-1”) 

3. That about 375, 000 candidates, including the Petitioner, appeared in the written test conducted by the Respondents at various centres across different district headquarters throughout Sindh, out of which 2050 candidates were declared successful and stood eligible against the said posts. The results were published in various local/national newspapers whereby the successful candidates including the Petitioner were informed and directed to collect their offer letters from the offices of the concerned former D. C. O. (now D. C.) as appeared under ‘Public Notice’ in Daily Kawish dated 11/07/2006. The Petitioner, as directed, approached and obtained his offer letter for appointment from the office of the concerned former D. C. O. (now D. C.). 
                            (Photocopy of offer letter is attached herewith and marked as Annexure “P-2”) 

4. That since the issuance of the offer letter, the Petitioner has been driven from pillar to post from the Office of one Respondent to another for a considerable time for issuance of posting order, but he has not succeeded, although sufficient period has elapsed since he was issued an offer letter by the Respondents on having declared successful in the written tests. 

5. That after the offer letter was issued to the Petitioner, different news statements started appearing in the local newspapers, sometimes about cancellation of the tests and interviews conducted from the teachers and fixation of a new criterion for fresh recruitment of teachers and sometimes various statements appeared in the print media given by not less than the Secretary Education and even Minister for Education to the effect that no decision has been taken for cancellation of the 2, 050 candidates’ offer letters and to conduct retests.

6. That such an inordinate delay in issuing posting orders caused a great deal of anxiety and unrest among various successful candidates, including the Petitioner, therefore, various peaceful protests were staged by the aggrieved persons to cause their voice to reach the ears of concerned personnel, but the Petitioner was never issued his posting orders till the day of filing the present petition. 

HOW TO DRAFT CONSTITUTIONAL PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973

7. That from the different news statements appeared till April, 2007 from the side of the Respondents, the position was still unclear whether to cancel the offer letters already issued to the Petitioner and other successful candidates, and / or whether fresh tests were to be conducted, or whether only those results where irregularities have surfaced were to be cancelled, but the Petitioner has been suffering heavily due to non-issuance of posting order since he was issued an offer letter. 

8. That the Respondents never intimated the Petitioner as to the cancellation of the offer letter issued to him by them even upon declaring him successful in the written tests. 

9. That in order to nullify/annul the written tests where the Petitioner was declared successful and cancel the issued offer letter, the Respondents have now again invited applications from the candidates for recruitment as Primary School Teachers on three years contract basis vide their advertisement published in Daily Jang dated 06/04/2007 under the caption “Job Opportunities”. In Daily Kawish dated 17/04/2007, it was reported that the Government of Sindh has refused to give jobs to 175, 000 candidates who had been declared as passed in the tests and also cancelled the 2, 050 Offers issued to that effect. The said news item further stipulates that the Education Department has invited applications till 25/04/2007 for 10, 000 vacancies of PST. According to the news statement in Daily Ummat dated 20/04/2007, cancellation of 2, 050 offer letters issued to candidates was also published. 

10. That finding no remedies, 24 successful candidates filed constitutional petition D.-105/2007 (Re Amanullah & Ors. v. Province of Sindh & Ors.) before this Hon’ble Court which was decided vide order dated 04/05/2011 directing the Respondents to issue posting orders and pay salaries with effect from May 2011. (Photocopy of the High Court Order dated 04/05/2011 is attached herewith and marked as Annexure ‘P-3’) 

11. That being aggrieved and dissatisfied with the order dated 04/05/2011 passed by this Hon’ble High Court, the Respondents filed an appeal before the Hon’ble Supreme Court of Pakistan, but vide order dated 11/08/2011, that leave to appeal was refused with the observation which reads as under:
                            “… that time frame given in the impugned order of the High Court dated 04/05/2011 is extended for a period of two months from today which shall be treated as final.”
                (Photocopy of the order dated 11/08/2011 is attached herewith and marked as Annexure “P-4”) 

12. That due to the failure of the Respondents to comply with the orders passed by the Hon’ble Supreme Court of Pakistan and this Hon’ble Court, the parties aggrieved by the non-compliance of the Respondents filed criminal petitions relating to contempt proceedings bearing nos. 10-K/2011, 16- K/2011, 6-K/2012 and 7-K/2012 before the Hon’ble Supreme Court on which the Hon’ble Court summoned Respondent No. 2 to court in person on 3-05- 12. It is submitted that vide order dated 03/05/12, Respondent No. 2 agreed to issue posting orders in his office at 9:00 am on 07/05/12 to those Petitioners who fulfilled the requisite criteria of the advertisement.
                (Photocopy of the order dated 03/05/12 is attached herewith and marked as Annexure “P-5”) 

13. It is submitted that the Petitioner is a poor person, and after nonissuance of posting orders, has been knocking the doors of the concerned offices with the request that he may be issued posting order but was always told that the matter is sub judice before the High Court. That when the High Court decided the constitutional petitions in favour of various candidates, the Petitioner again approached the concerned departments for issuance of posting orders but was once again informed that the matter is sub judice before the Supreme Court. The Petitioner was always assured that if the matter is decided in favour of the other aggrieved candidates, his case would also be considered and that he would be issued posting orders as well. 

14. That subsequent to the order passed by the Hon’ble Supreme Court on 11/08/2011, the Petitioner approached the Respondents once again but his case is not being considered, and, the Petitioner has no other efficacious remedy to avail except to approach this Hon’ble Court for relief, hence, the filing of this constitutional petition. 

GROUNDS 

In view of the above facts, the Petitioner seeks relief, inter-alia, on the following grounds: 

I. That after the Petitioner was declared successful in the written test conducted by the Respondents and was issued an offer letter, the Petitioner has accrued the legal vested right which cannot be denied to the Petitioner in the manner as has been adopted by the Respondents in the present case.

II. That the present petition revolves around the same controversy which has already been decided upon, therefore, the Respondents are bound to treat the Petitioner in the same manner and be issued posting order. 

III. That the Hon’ble Supreme Court decided a point of law relating to the terms and conditions of civil servants who went into litigation and made an observation that the rules of justice and good governance demand that the benefit of the said decision be extended to those civil servants as well who have not begun litigation for remedial of their grievances. 

IV. That the rule of consistency dictates that the Petitioner is eligible for the post of PST as the other successful candidates as the issues involved in the present case are akin to the cases of the other candidates, which this Hon’ble Supreme Court and this Hon’ble Court has already adjudicated upon. As such, the Petitioner is entitled to be treated in the same manner by the Respondents in which the other candidates are being/have been treated and be issued posting order. 

V. That the offer letter issued to the Petitioner is still valid and subsisting as the same was never cancelled nor any letter/notice to that effect has ever been sent by the Respondents to the Petitioner, thus the Respondents in the presence of the offer letter is bound under the law to also issue a posting order to the Petitioner. 

VI. That the Petitioner has fulfilled the criterion fixed for the respective post as such he was allowed to appear in the written test where the Petitioner with the Blessing of Almighty Allah was declared successful and as such was issued an offer letter and inasmuch, he ought to have been issued his posting order. 

VII. That the Petitioner stands on the same footing as the other candidates and, thus, that enables him to pray for the same relief(s) from this Hon’ble Court as bestowed on the other candidates who have been involved in cases of a similar nature. 

VIII. That the rules of justice, equity and good conscience dictate that the Petitioner is entitled to be issued a posting order and that the discriminatory behaviour of the Respondents towards him violates the principles envisaged in Article 25 of the Constitution. 

IX. That any other adequate, efficacious, equitable, beneficial and alternate remedy is not available to the Petitioner except invoking the constitutional jurisdiction of the Hon’ble High Court by way of this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 

X. That the Petitioner begs leave to urge further grounds and submissions at the time of hearing of this petition.

PRAYER 

The Petitioner, therefore, prays that on consideration of the facts and grounds mentioned above, this Honourable Court may be pleased to:

a. Declare that the Respondents are bound to issue posting order to the Petitioner after he was declared successful in the written test conducted by the Respondents pursuant whereof the Petitioner was also issued an offer letter. 

b. Declare that the Petitioner has completed all the requisite formalities for the post of the Primary School Teacher (PST) as advertised by the Respondents, and, after having declared successful in the tests in accordance with the standard fixed by the Respondents, the Petitioner is eligible to have been issued posting order against the post applied by the Petitioner. 

c. Direct the Respondents to issue posting order to the Petitioner against the post applied by him. 

d. Any other relief(s) fit and proper in the circumstances of this case may also be granted in the interest of justice. 

e. Costs of the petition.

H Y D E R A B A D                              (SAJID MIR)

Dated 00.00.0000                      Advocate for the petitioner

CERTIFICATE

This is to certify that this is a first constitutional petition under article 199 of constitution of Pakistan and no such application of same nature has been preferred by undersigned on behalf of the present applicant.


H Y D E R A B A D                              (SAJID MIR)

Dated 00.00.0000                      Advocate for the petitioner

Document(s) filed: Annexure ‘P-1 to P-5’

Document(s) relied upon: Annexure ‘P-1 to P-5’and all other documents that are necessary and relevant to the subject matter.
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