MUHAMMAD NASEEM, J. - Nahid Akhtar petitioner has been transfere from Govt. Higher Secondary School, Farid Town, Sahiwal to Govt. Highc Secondary School, Shujabad. District Multan vice Mst.
Sajila Nasim respondent No. 2. Expressing that there was no complaint against her and that due to political pressure she has been transfered this writ petition has been filed by her to obtain the proposed relief that her transfer order may be declared as illegal, witho jurisdiction and of no legal effect. According to her she belongs to such category of the staff of the Elementary' and Secondary Education in the Education Department that she could not be transferred in view of the ban imposed in the matter.
2. The comments have been submitted by the Director of Education (S.E.) Multan Division, Multan wherein it has been expressed that the transfer order dated 19.9.1994 impugned through this writ petition has been issued in good faith. It is maintained that in view of Article 212 of the Constitution of the Islamic Republic of Pakistan the matter has to be dealt with by the Service Tribunal Punjab and not by this Court.
3. 1 have heard the preliminary arguments. The objection raised by the respondent No. 1 about the jurisdiction of this Court to hear this writ petition must prevail. According to Article 212(2) of the Constitution of our country in any matter falling within the jurisdiction of the Administrative Court or Tribunal no other Court can grant the injunction, make any order or entertain any proceedings in respect of the same. It has been held in Muhammad Shaft, etc. v. Education Authorities (NLR 1992 T.D. 728 Lahore) that the appeal lies from order without jurisdiction just as appeal lies from order with jurisdiction. It has been held in Muhammad Ramzan v. Provincial Government, etc. (NLR 1992 T.D. 699) that transfer order relates to terms and conditions of service of a civil servant and is amenable to the exclusive jurisdiction of the Service Tribunal. It has also been held- in Nisar Ahmad v. Government of Punjab (NLR 1992 TD 672) that orders for transfer are not appropriate subject for agitation before the High Court in the Constitutional writ in view of provisions contained in Article 212 of the Constitution of the country. I, therefore, upheld the objection raised by the respondent No. 1 (Director Education (S.E.) Multan Division, Multan) that this Court has no jurisdiction to hear this writ petition against the transfer order of Mst. Nahid Akhtar school teacheress.
4. I, therefore, dismiss this writ petition in limine.