Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 235. In this matter between Const. P. 131/2026 (D.B.) Sindh High Court, Karachi - Muhammad Younis Jatoi (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 131/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 235 PARTIES: Muhammad Younis Jatoi (Petitioner) ORDER DATE: 26-JAN-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI. C.P No. D-131 of 2026 ____________________________________________________________ Dated Order with signature of Judge. ____________________________________________________________

Priority 1. For hearing of CMA No.542/2026. 2. For hearing of main case

26.01.2026. M/s. Hussain Bux Saryo and Sajjad, Advocates for Petitioner. Mr. Ali Safdar Depar, AAG. Mr. Ihsanullah Laghari, Focal Person, College Education Department.

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The Petitioner, Muhamma d Younus Jatoi, filed this Constitutional Petition under Article 199 of the Constitution of Pakistan, 1973, challenging the notification dated 09.01.2026 whereby respondent No.4 was transferred and posted as Principal of Government Boys and Girls Degree Sc ience, Arts & Commerce College, Murad Memon, Malir, Karachi. It was contended that the post of Principal is a BPS -20 post, whereas respondent No.4 is a BPS-19 officer, rendering the appointment unlawful and contrary to Rule 3(2) of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, as well as the judgment of the Supreme Court reported as 2014 SCMR 1189 . A writ of quo warranto was therefore sought. During proceedings, learned counsel for the Petitioner submitted a statement stating t hat a corrigendum dated 09.01.2026 had been issued, clarifying that respondent No.4, an Associate Professor (BS -19), was posted as Principal (BS -19) against a vacant post. In view of the corrigendum, learned counsel submitted that the purpose of the petiti on had been served and sought disposal of the petition, subject to earlier directions of this Court. The officer present in Court stated that although the post of Principal is administrative, it can lawfully be filled from among Associate Professors under the applicable Recruitment Rules. In view of the corrigendum and the statement made at the bar, the petition is disposed of accordingly.

JUDGE

JUDGE

Jamil

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