Last Updated on October 31, 2021 by ShumailaKamal
The High Court of Sindh at Karachi has given its decision on 24-09-2013 regarding the selection of Headmaster/Headmistress BPS-17 against 207 vacant posts in Sindh Education & Literacy Department Sindh. Some of the points of this decision are as under while the full detail of this decision is available in the attached pictures.
Succinctly, the facts set out in the aforesaid petitioners except C.P No. D-2523/2013, are that on the requisition of Sindh Education & Literacy Department Sindh, respondent No.2 invited applications vide publication dated 17-10-2009, for the selection of Headmaster/Headmistress BPS-17 against 207 vacant posts. Petitioners participated in the written examination but were declared unsuccessful candidates. Petitioners claim that private respondents are ineligible persons on account of criteria as elaborated in the advertisement, which was based on qualification, cadre, and experience. It is further asserted that condition of 3 years service as HST and minimum qualification of M.A & B.Ed was mandatory, thus designation of HST is provided only in the Government Schools and not in private schools or colleges, in spite of that SPSC/respondent No.2 has recommended many private school teachers, hence such recommendations is unjustified and illegal. It is also urged that the private respondents managed false certificates from private schools and succeeded in the said exam. The scrutiny of the documents was not conducted before the written test; same is totally against appointment procedure and has created room for ineligible candidates. Therefore the recommendation of private respondents is null and void and further seeks direction to take legal action against the persons who are responsible for above mistake.
Significant to record here that it is a matter of great concern that recent political influence in matter (s) of appointment (s) of Teacher (s) caused a serious damage to our education system and introduction of respondent 2 (SPSC) into such appointment procedure also shows concern of the quarter concerned. Therefore we direct the Education & Literacy Department that it shall ensure that selection/appointment against vacant posts out of such recommended/successful candidates shall be purely on merit basis so that beginning is made for improving the Government schools education standard and, the petitioner (s) who claims the recruitment process as illegal may raise question of disqualification of recommended candidates before quarter concern which shall examine the qualification and eligibility of successful candidate (s) without any influence and if, at any stage any one is found to be not qualified and eligible then he/she be declared so. The eligibility/test shall also include determination of question of genuineness of the certificate and degree etc. Needless to say that any step initiated in such proceeding shall be after providing opportunity of hearing to all concerned.
The instant petitions are dismissed with above observations.
The summary of this decision is that:
Some private school teachers applied for the job & they passed the written test & interview & declared passed/selected by the SPSC. But some failure candidates went to court that in job addqualification M.A + B.Ed & 3 years teaching experience as HST, was mentioned. HST=High School Teacher is a govt teacher so only they are eligible & private school teachers are not eligible for HM post.
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