February 26, 2008	Tuesday	Safar 18, 1429

KARACHI, Feb 25: The Sindh High Court restored on Monday the allotment of a government bungalow to a medical teacher according to his seniority.

The petitioner, Dr Saleem Ahmed Kharal, submitted that he was posted as a professor of microbiology in the Jinnah Postgraduate Medical Centre, Karachi, in grade 20. He was allotted an ‘A’ type bungalow at Bath Island in June 2007 after a considerably long wait. The bungalow was occupied by a senior government employee and was to be delivered to him following his retirement in June 2008.

In September, however, his allotment letter was withdrawn and the bungalow was allotted to a grade 18 income tax officer. Instead, he was offered a ‘B’ type accommodation in violation of the rules. The estate office action violated his fundamental right against discrimination ensured by Article 25 of the Constitution.

A division bench comprising Justices Mrs Qaiser Iqbal and Mahmood Alam Rizvi allowed the petition and directed the respondents to hand over the bungalow allotted to the petitioner on its vacation by the present allottee.

Fee refund

The bench asked the counsel for Isra University, Hyderabad, to seek fresh instructions from his client on the refund of admission fee to a candidate who was subsequently admitted to a government institution.

Petitioner Abdul Hakim submitted through Advocate Ali bin Adam Jafri that that he paid Rs450,000 to the university for admission to its medical college. However, he later got admission to the Ghulam Mohammad Mahar Medical College, Sukkur, a public institution. The university declined his request for refund of the fee deposited by him.

Advocate Kamaluddin, the university’s counsel, argued that the petition was not maintainable as Isra was a private institution and no government functionary who could be issued a direction had been cited as a respondent by the petitioner. The petition, he said, was not maintainable and the petitioner could only institute a recovery suit.

Assisting the court, Additional Advocate-General Fareed Ahmed Dayo supported the petitioner’s contention that the provincial government, following a recommendation by the university chancellors, had decided that a private institution should refund the fee amount if a candidate subsequently got admission to a public institution.

Inspector summoned

Justice Munib Ahmed Khan of the Sindh High Court on Monday ordered the personal appearance of Inspector Adil Naqvi, in charge the Anti Car Lifting Unit, Sharifabad, on March 3, adds APP.

Earlier Aamir Mansoob Qureshi, appearing for the applicant/ accused Ghulam Akbar, submitted that Inspector Adil Naqvi alleged in one FIR that he received a message about car snatching at 11.10 am in Clifton and in another FIR he showed his presence at Chanesar Goth some fifteen kilometres away at the same time. The applicant was injured while one accused died and a third one fled from the scene of alleged offence after an encounter with an ACLU team said to be headed by Adil Naqvi.

The bench after hearing initial arguments by the counsel for accused, who sought bail, ordered the personal appearance of the ACLC inspector on March 3.

The accused has been in prison since October 1994 after he was booked under Section 353, 324 and 34 of the PPC.