ENGINEER ANWER ALEEM vs PROVINCE OF SINDH Post of Chairman, Board of Intermediate and Secondary Education (BIS

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ENGINEER ANWER ALEEM VS PROVINCE OF SINDH Post of Chairman, Board of Intermediate and Secondary Education (BISE)---Appointment---Appellant not a party in suit/proceeding below---Court of leave to appeal---Test and scope---Not being parties to a suit pending before the Single Judge of High Court, the appellants professed to be aggrieved by the order made in said suit matter by Single Judge whilst seizing of an Application for temporary injunction ('the impugned order')---Appellants, in order to prefer appeal, cited the principle laid down by the Supreme Court of Pakistan in the case reported as H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65 ('H.M. Saya case')---A suit having been filed by the appellants was also pending adjudication---Grievance of the appellants was said to stem from an observation made by the Single Judge in relevant paragraph of the impugned order where, whilst considering the contention of the plaintiff, the Court made certain observations---Plea of the appellant was that such observation was prejudicial to the outcome of their suit and conferred a carte blanche for the official functionaries of the provincial government to take steps towards their dismissal from the posts held by them---Validity---A perusal of the impugned Order reflected that the suit was filed under circumstances, different from the appellants, as matter in said suit related to assigning of additional charge of Chairman, Board of Intermediate and Secondary Education (BISE), to the plaintiff, wherein while dismissing the interlocutory application, the Single Judge went on to direct the Secretary, Universities and Boards Department, Government of Sindh, to initiate process of appointment of posts of Chairman(s), BISEs, which was/were lying vacant on urgent basis in terms of relevant Rules within shortest possible period after completing all codal formalities"---Whereas the plaint submitted by appellants in their own suit reflected the matter to have been instituted by them with the ultimate end being that of preserving their status in relation to the posts held by them, of Controller /Deputy-Controller /Secretary Officer of Examinations of the BISE ; hence, unaffected by the direction given in the impugned order by the Single Judge---Particular observation-in-question did not relate to the appellants per se, and was even otherwise not binding in matter of adjudication of their suit; hence, the principle laid down in the H.M. Saya case relied by the appellants, was of no avail in the matter at hand in as much as "the test applied in granting leave to appeal, in such cases, is that if the person who wants to prefer the appeal must be a party in the suit or proceeding then he may obtain leave to appeal"; thus, the appellants fell short of that standard---Appeal was dismissed, in circumstances.

ENGINEER ANWER ALEEM vs PROVINCE OF SINDH Post of Chairman, Board of Intermediate and Secondary Education (BISE) — 2025 PLC(CS) 580 KARACHI-HIGH-COURT-SINDH

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