' SALMAN HAMID, J.--- The case of the petitioners before us was that in response to an advertisement of a newspaper, they applied for the posts of High School Teacher in BPS-15: appeared in written test, stated to be conducted by the Institute of Business Administration, Sukkur and that they (petitioners) having passed such written test were appointed as Higher Secondary School Teachers, in terms of appointment letter dated 31-12-2008, stated to have been issued by the respondent No,2, i.e, .E.D.O. (Education) Kashmore at Kandhkot.
2. It was also the case of the petitioners that before they were chosen as High School Teachers, the respondent No,1 got verified their (petitioners'), disposition through the District Police Officer concerned; requisite certificates under swathe of dispatch dated 22-1-2009 and 27-1-2009 respectively were also issued. Equally, in terms of the proffer, the petitioners also appeared before the medical board and were declared medically fit, in hold up whereof medical fitness certificates dated 24-1-2009 and 27-1-2009, were also brought on the trace of the file.
3. The petitioners also contended that their appointment letters at the request of respondent No,1 had been established from respondent No,2. All the above work out, according to the petitioners, enabled them to have their employment useful from March, 2009, and that they remained High School Teachers in their own schools from such date up to May, 2009. Conversely, according to the petitioners, no remuneration for the work they performed had been freed. Not just this, when the petitioners attempted to take up again their duties after summer vacations of 2009, they were controlled which impelled them to file the present petition with the entreaty that the respondents be bound to release their salaries from March, 2009, with further directions that they (petitioners) be allowed to act upon their duties.
4. In their annotations, the respondents Nos.1 and 2 shorn of altogether the allegations which was the focus of the petition. It was downrightly mentioned that the petitioners at no leg of time appeared in the test for appointment of High School Teacher and that the credentials annexed with the petition were sham and fabricated and made up only to attain the prayer, as made by them in the petition.
5. By way of history as to what geared up the Government of Sindh, to appoint Junior, Secondary and High School Teachers concise trace was put, forward. It was mentioned by the respondent No,2, that to improve the literacy pace in the Province of Sindh, chiefly in the rural and less developed areas and to put forward employment opportunities to qualified persons, the Government of Sindh entered into confab with the World Bank for beginning a multi fissure reforms program since 2005. To employ the scheme, the government decided to make use of teachers for primary, middle and high schools on contract basis for a period of three years. The World Bank in achieving such a goal offered financial assistance on supple terms, provided that the government should hold fast to a highly translucent policy/measure for staffing of teachers for the programs. It was also required by the World Bank that a transparent criterion/guidelines be formulated and inscribed. Resultantly, the Government of Sindh extended its dense pledge to hold on to a transparent policy with the result that the official agreement with the World Bank penned down. As an auxiliary, it was also mentioned by the respondents Nos.1 and 2, that in April, 2007, the Government of Sindh devised and adopted a rule, which inter alia, laid down criterion/method of conscription, wherein it was stipulated that the candidates would require to participate in written test to be arranged and conducted by independent institution. The Institute of Business Administration, Sukkur was selected for such post. In terms of the agreement with the World Bank a standard was settled whereby out of 100 marks, 40 marks were to be paid for written test, 10 marks for interview, 30 marks for immediacy to school and 20 marks for academic/professional qualifications. Out of 40 marks booked for written test, the candidates were required to secure at least 60% marks to qualify the test. Therefore, each candidate was mandated to secure at least 24 marks for passing and for appointment as a teacher. If the candidate failed in securing the minimum marks, he was not considered for appointment. It was further stipulated in the agreement that if a candidate passes written test, then the enduring criterion was to be applied. It was also expressed by the respondents Nos.1 and 2, that on the basis of above collection about 275 candidates pertaining to the petitioners' district, i.e, Kashmore at Kandhkot, participated in the written test, conducted by I.B.A, Sukkur in May, 2007. Only eight candidates got through by securing 60% marks. The result was duly published in newspapers. The cases of the above eight victorious candidates were processed and they were fixed in their respective posts.
6. It was also mentioned by the respondents Nos.1 and 2, that in order to craft illegal gains and to enter from the flipside, a large number of vain candidates approached the then Chief Minister, Sindh, and articulated their anxiety for being denied job on the ground that they had not fit written test per policy. The then Chief Minister, Sindh, on his turn bound the E.D.Os of certain districts, plus the district of Kashmore at Kandhkot to issue offer letters to a good number of candidates who participated in the written test, but secured below 60% marks and for that reason, affirmed fail. This position having come to fore to the World Bank, it spoken its inability to go forth in providing financial assistance. A set back was thus established which completely jeopardized the entire program. This position remained as such until the general elections of May, 2008. After election, the above pact with the World Bank was revived and revised when it was assured by the newly elected government that the system which was originally envisaged in the policy would be followed sternly in recruiting the school teachers. At such time an infallible mechanism was devised, whereby 10% marks past reserved for interview were proposed to be reallocated to other heads, so that element of partiality be tackled. Ultimately, the program was revised and just those candidates who had succeeded in written test were issued appointments and postings; for the residual vacant posts it was decided that the same would be re-advertised. Thus the policy of 2008 was followed in latter and spirit.
7. In view of the above exposition, it was fervidly argued by the respondents Nos.1. And 2, that the petitioners even for the second test did not appear. The documents annexed with the petition, it was averred were forged and fabricated and/or had been issued by the persons, not otherwise competent in such regard.
8. Similarly, the respondent No,4 also rebutted the contents of the petition in the same manner as rebutted and denied by the respondents Nos.1 and 2. It was mentioned by the respondent No,4, that it got verified realness of the various documents, annexed by the petitioners, with the petition, chiefly the genuineness of the offer orders of appointments. It was reported by the concerned officers that the documents were fake and bear forged signatures of the officers mentioned on such letters of appointments. It was thus argued on behalf of the respondents that the petition was advantageless and accountable to be dismissed.
9. Heard arguments and perused the record.
10. It was motivating to note that though the petitioners maintain that they applied and/or participated in written test upon an advertisement being published in a newspaper, it was not annexed with the petition. Under the situation, it seems that the petitioners did not come out for their written test against the sanctioned posts. It is also worth while to bring up that no seat number and/or result of the written test was engrained in to the petition. Save the offer letter, character certificates, and medical certificates, no other supplementary document was produced to validate their case. Substance of the documents, particularly the appointment letter had been specifically and vehemently denied by the answering respondents, which were categorized as fake. Forged and fabricated. Despite these definite and unambiguous allegations no refutation from petitioners' end came forth.
11. Screening the case from these angles, it is patent that: in the primary instance, the petitioners fall short of result of written test, which shows that they by no means appeared for such test and/or cleared such examination, inasmuch as that no marks sheets result was produced; and the one produced by the respondents did not contain their names. On this gain alone it becomes clear that the petitioners never appeared for written test and/or qualified to be appointed as High School Teacher as claimed by them. Keeping this apart, since it has been specifically mentioned in the comments, offered by the respondents that no appointment letters were issued by the competent respondents and that the signatures on the appointment letters are forged and fabricated, makes the case of the petitioners of disputed questions of fact, and therefore falls out of the pale of this court while exercising jurisdiction under the Constitution of Pakistan. On this plain as well, the petitioners are non-suited and have no remedy on hand before this court.
12. It, has also become clear from the record that though it was claimed that the petitioners served the respondents from Mach, 2009, up to May, 2009, however, no attendance register to such an effect was produced to authenticate such assertion. Again, it seems, that this was a ploy only to rationalize filing the instant petition. The respondents having categorically denied that the petitioners never appeared in written test and the fact that the respondent No,4 having provided a full list of candidates who participated in the examination, and that such list does not contain names of the petitioners anywhere, proves that the petitioners in reality did not appear for the written test.
13. We dismissed this petition on 26-1-2011, the reasons whereof are these.