SPSC told to suspend functions till it adopts transparency
PHOTO: FILE
The Sindh High Court (SHC) has barred the Sindh Public Service Commission from conducting recruitment exams, announcing results or advertising posts until it adopts mechanisms to induct transparency in its functions.
The Hyderabad circuit bench, comprising Justice Zulfiqar Ahmad Khan and Justice Muhammad Saleem Jessar, during the hearing on Thursday suspended the SPSC's functions till the next date of hearing on May 27.
"… no satisfactory answers as to the transparency of the process being adopted by the SPSC while testing and recommending a candidate for a particular post have been given neither by the counsel nor the chairman [Noor Muhammad Jadmani] or controller [Hadi Bux Kalhoro]," read the order issued by the bench.
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The bench reminded the commission's officers of the previous orders of the Supreme Court and the SHC regarding the same issues.
But the officers argued that those orders were case specific and not for the adoption as a permanent part of the SPSC's recruitment mechanism.
"… they are taking a fresh start to bulldoze such orders," the court observed. "When pointed out that all such recommendations are given in the constitutional petitions not in the civil suits, hence these guidelines apply in rem, no effect is seen." (In rem means a court's jurisdiction against an entity).
The SPSC's counsel and officers sought time from the court for taking steps for instituting transparency in their functions and also to file a detailed report in this regard.
"… till such date no appointment, order, test, result, announcement or any other such act be done by the commission," the bench ordered."An utter failure of transparency in their acts is witnessed and neither rule of probity, fairness and good conscience is followed as held in the judgments of the honourable Supreme Court."
The court reminded SPSC officers and members of their legal and moral obligations.
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The order has been given in a petition filed by Dr Asma Makhdoom's counsel through her counsel advocate Sajjad Ahmed Chandio. According to the lawyer, the commission conducted the written tests for the posts of BS-17 medical officers on December 9, 2018, after advertising the posts on July 19, 2018. However, less than a month before the exams on November 14, 2018, the SPSC bifurcated the positions on the basis of gender, keeping 1,337 seats for male medical officers and 446 for female.
As per the results announced in January, 2019, against the vacancies of the male medical officers only 477 candidates passed the written tests and 302 the interview, while 434 candidates against 446 posts of women medical officers qualified for the positions. The petitioners claimed that for some 1,047 seats, which still remained vacant, the commission directly conducted interviews and declared 945 candidates successful on September 16, 2019, mostly under political influence or nepotism.
Published in The Express Tribune, April 23rd, 2021.