SHAHID ALI vs PROVINCE OF SINDH R — 2026 PLC(CS) 675 KARACHI-HIGH-COURT-SINDH

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SHAHID ALI VS PROVINCE OF SINDH R.3---Constitution of Pakistan, Arts. 199 & 212(2)---Constitutional petition filed by employeesofEducation Department---Maintainability---Petitioners were appointed in Education Department, however, after lapse of few months, their services were terminated without offering them the right of hearing---Petitioners challenged the termination order before Service Tribunal through service appeal, which was allowed---Education Department challenged the order of Service Tribunal before the Supreme Court by filing an appeal which was allowed and matter was remanded to Service Tribunal for decision afresh---In de novo proceedings, Service Tribunal dismissed the service appeal of petitioners---It was alleged by the petitioners that the Education Department scrutinized the cases of other appointees but refused to scrutinize the cases of petitioners---Validity---Admittedly, the petitioners were appointed as teachers in School Education Department vide appointment orders dated 25.10.2012---Appointment orders of petitioners were found bogus, as there was no recommendation of District Recruitment Committee, a mandatory requirement under the Appointment, Promotion and Transfer Rules for issuance of appointment orders---Petitioners were conveyed such information of cancellation of appointment orders through letter dated 15.11.2012---Record reflected that some petitioners challenged the cancellation order before Service Tribunal through service appeal, which was decided by Service Tribunal vide consolidated order dated 07.12.2025, wherein the recruitment process of petitioners was declared null and void and illegal---Some of the petitioners did not challenge the order of Service Tribunal before appellate forum that was Supreme Court, thus it attained finality---Contention of the petitioners that they were condemned unheard was not sustainable from the record---Petitioners were appointed as teachers by the District Education Officer in violation of Appointment, Promotion and Transfer Rules; thus, their appointments were not sustainable under the law and were withdrawn/cancelled by the Deputy Commissioner who was the Chairman of District Recruitment Committee---Petitioners were civil servants and the right course available under the law was to file departmental appeal in terms of R. 3 of the Sindh Civil Servants (Appeal) Rules, 1980, which provided for filing of an appeal within 30 days of an order passed by the competent authority---Under the constitutional command, in the presence of specific bar contained under Art. 212(2) of the Constitution the very institution of the constitutional petitions was against the spirit of law---Courts assumed their jurisdiction through particular law conferring a particular jurisdiction---Article 212(2) of the Constitution specifically placed an embargo on all other Courts except Service Tribunal to grant an injunction, make any order or 'entertain' any proceedings in respect of any matter relating to the terms and conditions of service even if they were based upon mala fide, ultra vires or coram non judice---Any petition or proceeding relating to the terms and conditions of service shouldnotbeentertained by the High Court in its constitutional jurisdiction under Art. 199 of the Constitution---Entertaining such constitutional petitions amounted to defeating the express constitutional mandate under which Tribunal was vested with jurisdiction to deal with the matters of civil servants---Petition being misconceived, devoid of merits and not maintainable, was dismissed, accordingly.

SHAHID ALI vs PROVINCE OF SINDH R — 2026 PLC(CS) 675 KARACHI-HIGH-COURT-SINDH

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