Mst. SABA ALI Versus PROVINCE OF SINDH

ORDER

1. 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.

2. 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.

3. 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.

4. ZC/S-113/Sindh Petition allowed.