Taj Muhammad (Petitioner) VS Province of Sindh & another (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-5071 of 2025 (Taj Muhammad v Province of Sindh & others)

Date Order with signature of Judge

Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:- 16.02.2026

Mr. Ali Asadullah Bullo advocate for the petitioners.

Mr. Abdul Jalil Zubedi, AAG,

ORDER

Adnan-ul-Karim Memon, J. – The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - a) To declare the act of Respondent No.2 regarding the declaration of the petitioner as a bogus degree holder vide impugned order dated 11.08.2023, without proper enquiry, as illegal and violative of dicta laid down by the Supreme Court of Pakistan and set aside to the extent of the petitioner;

b) Direct the Respondent No.2 to immediately release the salary and arrears of the petitioner in light of the letter dated 21.10.2024 and the verified degree from the Shah Abdul Latif University, Khairpur;

c) Restrain the Respondents from taking any coercive action against the petitioner and should conduct themselves strictly in accordance with the law. d) Grant any other relief deemed just and proper in the circumstances.

2.Learned counsel for the Petitioner submits that the Petitioner was duly appointed as Physical Education Teacher (BS-09) in the year 2012 on a regular basis through a lawful recruitment process upon the recommendations of the Departmental Selection Committee of the School Education & Literacy Department, Government of Sindh. The Petitioner continuously discharged his duties diligently thereafter. He further submits that the recruitment process of 2012 was challenged by certain disqualified candidates through C.P. No. D-3964/2013; however, the Petitioner was neither impleaded nor afforded an opportunity of hearing in the said proceedings. Subsequently, vide judgment dated 19.04.2022, this Court directed the official Respondents to examine the genuineness of the credentials of successful candidates and in compliance thereof, an inquiry was conducted and a compliance report was submitted wherein, due to an apparent error, the Petitioner’s name was mistakenly included amongst bogus degree holders, resulting in the stoppage of his salary since 11.08.2023. Learned counsel contends that upon representation by the Petitioner, his

academic credentials were duly verified by Shah Abdul Latif University and were declared genuine; however, despite such verification, no corrective action has been taken by the Respondents. Being aggrieved, the Petitioner moved CMA Nos. 20068/2025 and 20069/2025 are seeking modification of the compliance report and implementation in the main petition, but vide order dated 06.10.2025, he was directed to file a fresh petition. It is contended that the impugned action is arbitrary, malafide, and violative of Articles 4, 9, 18 and 25 of the Constitution, warranting interference by this Court. He lastly prayed to allow this petition.

4.Conversely, learned AAG submits that in compliance with the directions of this Court, the Secretary, School Education & Literacy Department constituted a committee which afforded hearing to the petitioner and all other candidates and examined their documents. He submits that upon scrutiny of recruitment record and educational credentials, it transpired that several candidates did not fulfill the mandatory eligibility criteria prescribed under the relevant recruitment rules and advertisement issued for District SBA & Matiari. He submitted that in majority of cases, candidates were found deficient in requisite professional qualifications or possessed such qualifications after the cut-off date i.e. 15.04.2012, while others applied against posts advertised for districts other than their domicile. Learned AAG therefore contends that the petitioners were not eligible at the time of recruitment in 2012 and the instant petition is liable to be dismissed in the interest of justice.

5.We have heard the learned counsel for the parties and perused the record with their assistance.

6.In this case, the Petitioner, who was appointed as a Physical Education Teacher (BS-09) in 2012 through recruitment process under the School Education & Literacy Department, Government of Sindh, faced suspension of his salary beginning 11.08.2023. This action followed inclusion of his name in a list of candidates holding bogus degrees. The Petitioner’s academic qualifications were subsequently verified by Shah Abdul Latif University, which confirmed their authenticity.

7.In view of the above facts and circumstances of the case, and particularly considering that the Petitioner’s academic credentials have reportedly been verified as genuine by Shah Abdul Latif University, as claimed by the petitioner, the competent authority of the School Education & Literacy Department, Government of Sindh is directed to re-verify the educational and professional credentials of the Petitioner strictly in accordance with law.

8.In the event that the Petitioner’s credentials are found to be correct and in order, the competent authority shall pass an appropriate speaking order within a period of two (02) weeks, after affording the Petitioner an opportunity of meaningful

hearing, in terms of the directions already issued by this Court in C.P. No. D-

9.Without touching the merits of the case, this petition stands disposed of in the above terms.

JUDGE

JUDGE

Shafi