Replies sought: IHC stays test for district judges

Petitioners say exam schedule violates Punjab Judicial Service Rules

ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a stay order regarding the departmental examination for civil judges-cum-judicial magistrates while directing the IHC registrar to submit a report on the issue within two week.

Justice Noorul Haq Qureshi issued the stay order on a petition filed by 18 civil judges-cum-judicial magistrates of Islamabad who have been working on prohibition for the last two years. They have been directed to appear for a test on December 14.

The district judges through their counsel Muhammad Shoaib Shaheen and Muhammad Umair Baloch approached the IHC against the upcoming test for confirmation of their service. The petitioners contend that during their probation period, they were never offered the opportunity to undergo departmental training related to rule 20.3 of Islamabad Judicial Service Rules, 2011.

They said they were “suddenly asked to appear in the departmental examination” through a letter issued on June 23. The petitioners maintained that out of 252 applicants called for viva voce, conducted by two IHC judges, only 20 candidates including the petitioners were selected.

The counsel told the court that the IHC chief justice has adopted the rules for the departmental examination of civil judges and judicial magistrates of the Lahore High Court. Under rule four, the chief justice has to constitute a three-member committee, but instead, a two-member committee was constituted.

He said that the exam schedule was in violation of the Punjab Judicial Service Rules 1991, as four exams have been scheduled within a 10-month period, and not over two years, as specified in the rules.

The departmental examination has to be conducted immediately after the appointment of the judges, he said, adding that they were recruited in September 2012, whereas the rules were adopted in May 2015.

“The rules have no retrospective effect,” he said. After the lapse of the two-year probation period, the judges should be considered confirmed judicial officers and the rules should not be applicable to the petitioners, he argues.

During the pendency of the petition, the counsel prayed the court to restrain the respondents from conducting the exams, scheduled from December 14 to 19, and subsequently in March and July, 2016 in the interest of justice.

The counsel also prayed the court to declare examinations at a belated stage and the constitution of a two-member committee unlawful.

Published in The Express Tribune, December 11^th, 2015.