| Citation(s) |
|---|
| 2015 SLG 2960 2015 SLD 2960 2015 MLD 1638 |
Sindh High Court
C.P. No. D-1151 of 2012, decided on 9th December, 2014. DATE of hearing: 2nd December, 2014
IRFAN SAADAT KHAN AND SHAHAB SARKI, JJ
Bhajandas Tejwani for Petitioner. Shaharyar Awan, Assistant Advocate General for
Respondents.
C.P. No. D-1151 of 2012, decided on 9th December, 2014. DATE of hearing: 2nd December, 2014
IRFAN SAADAT KHAN AND SHAHAB SARKI, JJ
Bhajandas Tejwani for Petitioner. Shaharyar Awan, Assistant Advocate General for
Respondents.
BAKHSH ALI LAKHO
VS
EXECUTIVE DISTRICT OFFICER (EDUCATION), KHAIRPUR and 3 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Donation of plot by landlord to the Education Department for educational purpose---Petitioner had donated plot to the Education Department whereupon school was constructed---Plea of petitioner was that, as a matter of policy, one of his nominee was to be appointed on a menial post (chowkidar) and for such purpose he had nominated "X" to be appointed but education department appointed another person---Validity---No such condition existed in the policy that nominee should be either real son or daughter of the plot, donor rather he could appoint his real son/daughter or any other person---Petitioner had nominated "X" as his nominee who was authorized and competent to hold such position---Constitutional petition was disposed of by the High Court with directions to the Education Department for compliance. (b) Words and phrases--- ----Nominee---Meaning. Black's Law Dictionary; Law Dictionary by A.R. Biswas and Chamber's 21 Dictionary rel. ORDER IRFAN SAADAT KHAN, J.---This petition has been filed with the following prayer:-- (a) Declare that the acts of respondents, not appointing the nominated person of the petitioner namely Jameel Ahmed Lakho as Chowkidar, as illegal, mala fide and without lawful authority. (b) Direct the respondents to issue appointment order of Jameel Ahmed son of Irshad Ali Lakho in terms of the undertaking given by the Education Department. Briefly stated the facts of the case are that the petitioner is a landlord, who retired as Managing Director from Ghee Corporation of Pakistan and thereafter has involved himself in social activities for uplifting the education in the Province of Sindh and to eradicate the menace of illiteracy. The petitioner had remained Chairman, Sindh Graduate Association and has established a number of educational institutions in the Province of Sindh. That in the year 1983-84 the petitioner, being the owner of the land, donated a plot free of cost to the Education Department for education purposes and upon which a Government Girls Community Model School was constructed to give education to the girls of the village Wada Lakha and its surroundings.…
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