Law: Limitation Act, 1908

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199,4

Summary:

The petitioner challenged the 2012 recruitment process by the Sindh Education Department for the Primary School Teacher (PST) post, asserting he qualified and ranked 17th in the merit list for Union Council Langho with 20 vacancies but was denied appointment. Instead, respondent No.5, ranked 80th, was appointed allegedly through nepotism. The petitioner alleges misuse of reserved quotas for disabled and minority candidates and violation of fundamental rights by the respondents. The petitioner sought declaration of the respondents’ actions as illegal, fair issuance of appointment, inquiry into recruitment, and other reliefs.

The respondents, through their counsel, argued the appointment was valid since respondent No.5 was domiciled in the relevant area; the petitioner was not within the final merit bracket; and recruitment was transparent and merit-based via NTS testing and quota rules applied taluka-wise. Documented evidence contradicts the petitioner’s claim of success and domicile, making disputed facts unsuitable for constitutional adjudication.

The Court noted the petition was filed four years after the recruitment, citing the doctrine of laches and delay as bars. Supreme Court precedents were cited to refuse jurisdiction over disputed factual issues and laches. The Court concluded the petition lacks merit due to delay, disputed facts, and proper procedural grounds, and dismissed it.