| Citation(s) |
|---|
| 2017 SLG 718 2017 SLD 718 2017 PLC 350 |
Sindh High Court
Constitution Petition No. D-225 of 2016, decision dated: 10-11-2016. Hearing dated: 13-10-2016.
SALAHUDDIN PANHWAR, JUSTICE, MUHAMMAD SALEEM, JESSAR, JUSTICE
Petitioner(s) by: Sulleman Dahri
Respondent(s) by: Ashfaque Nabi Qazi, Asstt. A.G.
Respondent(s) by: Shabir Hussain Hashmi Nos.1 to 3.
Constitution Petition No. D-225 of 2016, decision dated: 10-11-2016. Hearing dated: 13-10-2016.
SALAHUDDIN PANHWAR, JUSTICE, MUHAMMAD SALEEM, JESSAR, JUSTICE
Petitioner(s) by: Sulleman Dahri
Respondent(s) by: Ashfaque Nabi Qazi, Asstt. A.G.
Respondent(s) by: Shabir Hussain Hashmi Nos.1 to 3.
SALAHUDDIN PANHWAR, JUSTICE MUHAMMAD SALEEM JESSAR, JUSTICE HASSAN BUX
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD THROUGH CHAIRMAN AND 3 OTHERS
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: R.12-A
Law: Constitution of Pakistan, 1973
Section: 199,212
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 12-A---Date of birth---Alteration---Scope---Contention of petitioner employee was that his date of birth was 21-03-1959 instead of 21-03-1956, his matriculation Certificate has been lost and Board of Intermediate and Secondary Education had not issued duplicate certificate---Employee had sought direction to the Board of Secondary Education to issue duplicate certificate with specific date of birth---Validity---When a thing was required to be done in a particular manner, same had to be done in that manner or not at all---Candidate/student could be supplied/issued certificate only once and in case of its loss/destroyed or stolen away he might be supplied with duplicate copy of certificate provided he satisfied the Controller of Examination or any Officer of the Board in that behalf---Application for supply of duplicate copy of certificate was to be submitted through Head of the Educational Institution from which candidate had appeared for examination along with affidavit that original had been lost, stolen or destroyed---Petitioner employee had not followed the prescribed procedure for applying for duplicate certificate---High Court could not make change in the date of birth of civil servant at the verge of his retirement---No one was not entitled for a thing directly which he could not obtain indirectly---Request of petitioner employee for issuance of duplicate certificate with a disputed date of birth could not be entertained while exercising constitutional jurisdiction---Petitioner being government servant was aware of the situation but he remained mum for a noticeable period---Date of birth once recorded at the time of joining government service was final and no alteration in the same was permissible---Petitioner employee had not been able to make out a clear legal right and failure of the Board in avoiding their bounden legal duty---Employee had attempted to obtain a relief which he could not obtain within four corners of constitutional jurisdiction---Constitutional petition was dismissed in circumstances. Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR…
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