The SHC declares the appointment of matrices, controlling inter-illegal examinations
The Sindh High Court (SHC) on Tuesday stated that the recommendation of a search committee formed for the appointment of failed candidates for secretary and exam controls in matriculation and intermediary councils in five provincial districts without legal authority, and ordered competent authorities to hold new interviews from only successful candidates for the post.
The order came to Mushtaq Ahmed Sangrasi’s petition, Muzaffar Jamil Mirza and Syed Umair Ahmed, who hindered the recruitment and examination process started by the University & Sindh Council Department for secretary and provincial high and secondary education control examinations. board on the grounds that the examination process is compromised to accommodate beneficiaries and personal respondents with influences or those chosen for foreign considerations.
The applicant’s adviser said vacancies for the post of secretary and exam controller for the board of matrices, intercultural and technical education in Karachi, Hyderabad, Sukkur, Mirpurkhas and Larkana were advertised in various newspapers.
He said the MCQ test for posts was taken by the Institute of Business Administration on July 28, 2019, adding that no candidate, including the petitioners, had scored a 50 percent pass percentage to qualify for the interview.
The advisor said that to provide help, competent authorities formed a search committee with the only object to ensure the selection of candidates of their own choice. He said the committee was not mandated to choose unsuccessful candidates, but the committee chose the candidate by reducing the percentage of passes from 50 percent to 40 percent.
The adviser said that private respondents were assisted to pass written examinations for these positions without regard to the provisions of the 1972 Sindh & Secondary Education Board and the regulations drawn up below and by bypassing the Sindh Public Service Commission. He refused the entire appointment process, and asked the court to declare the appointment of the respondent as unlawful.
Respondents’ lawyers said that the petition could be dismissed because there was transparency in the appointment process, the respondents were posted purely on merit and without favoritism, and they had qualifications commensurate with the position advertised in the newspaper.
Additional Sindh general advocacy also adopted the respondent’s argument, saying that the respondent’s university and council issued advertisements to fill vacancies, and that the appointment process was carried out in a fair and transparent manner.
The bench of the SHC division consisting of Chief Justice Nadeem Akhtar and Judge Adnan-ul-Karim Memon said that the minimum graduation percentage was set at 50 percent, so prima facie, all private candidates, except for three, had failed.
The court said that the competent authority was a search committee that reduced the minimum graduation percentage from 50 percent to 40 percent, and after shrinking 24 candidates, conducted interviews and recommended them for appointment.
Bench said that after reading the notes and documents, prima facie, it was not the mandate of the search committee to ease the criteria to accommodate candidates who had failed and did not even qualify for the interview.
The court said that it was unfortunate that instead of following the principle of selection based on propriety, the Sindh government allowed the search committee to carry out illegal and illegal actions, adding that behaviors such as the government and search committee appeared, ex facie, to be tarnished with bias.
Bench took exception to the behavior of government officials who were released from detention orders passed by the court on August 26, 2019, continuing a politically motivated process to appoint candidates, all of whom, with the exception of three, had failed their tests.
The court said that the easing of unauthorized criteria not only defeats all selection goals based on merit through a transparent competitive process, but also provides job opportunities to candidates who do not meet the requirements they do not have the right to have.
The bench is directed by the government and all officials, functionaries and departments that may have been involved in the recruitment process at each stage to ensure that the criteria set for the qualification test are not modified under any circumstances, and also to ensure that interviews with candidates must relate to the subject of the post advertised.
Stating the search committee’s recommendations without legitimate authority, the court ordered new interviews from only successful candidates, saying that if the post remained blank, they must be filled only through new and appropriate advertisements.
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