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GHULAM MUHAMMAD MALLAH versus PROVINCE OF SINDH THROUGH CHIEF SECRETARY, GOVERNMENT OF SINDH


Section 10 Constitution of Pakistan (1973), Arts 199 and 212 (2) Constitutional application against transfer applicant who claimed to be a social worker, requesting the transfer and posting of 200 school teachers made by the authorities Was made, was not in the public interest, and the same decision was made during the conversion ban. Counsel for the applicant could not say how the personal or proprietary rights of the applicant were affected and the transfer and posting of the said teachers did not claim that their children were studying in any of the schools where From which teachers were exchanged, otherwise the applicant could not claim any right in a particular teacher to teach his children. The transfer of a government employee was purely an administrative action. It would be very difficult for the court to determine whether the exchange of a particular public servant was in the public interest or not. The courts have always shown patience in conducting such matters. The Service was a condition and under Article 12 of the Constitution, it would fall under the exclusive jurisdiction of the Service Tribunals. And under Article 2 of Article 212 of the Constitution, the jurisdiction of all other courts, including a High Court, was explicitly banned even by the teachers themselves, what to talk about the applicant, their transfer Could not challenge the High Court. Cannot directly, even indirectly, be appropriate for the petitioner, who seems to be interested in good governance from the eyes of the patriarch.

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