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Section:

Constitution of Pakistan------Art. 199---Constitutional petition---Civil service---High School Teacher (BPS-15), post of---Non-payment of salary to petitioner for last three months after his appointment against such advertised post---Authority's plea that petitioner had neither appeared in test and interview held for such post nor was issued appointment letter; and that documents produced by him were forged---Validity---Nothing on record to show that petitioner did apply for such post and appeared in written test/interview---Record did not show petitioner's seat number, result of written test and marks sheet---Result sheet on record did not contain petitioner's name---List of candidates produced by authority showing names of candidates having participated in written test did not contain petitioner's name---Petitioner had not produced attendance register in support of his claim to have served for three months---Nothing on record in denial of such definite plea of authority alleging petitioner's documents to be forged---Authority's assertion that appointment letter produced by petitioner was forged and fabricated, had made his case that of disputed question of fact---High Court could not entertain such questions in exercise of constitutional jurisdiction---Petitioner had never appeared in written test and qualified to be appointed on such post---High Court dismissed constitutional petition, in circumstances. Inayatullah Morio for Petitioners. Abdul Hamid Bhurgri, Addl. A.-G. along with Musab Baleegh Dhamraho, the State Counsel for Respondents. Date of hearing: 26th January, 2011. JUDGMENT 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…

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