Security officers’ recruitment challenged

The Peshawar High Court (PHC) has sought reply from the federation and provincial government in a petition challenging the induction of security forces officers in the civil services without a written test, a pre-requisite for civilians.

The court served on notices to the secretary of law, establishment division, principal secretary to the Khyber-Pakhtunkhwa governor, provincial government and chairman of the federal public service commission (FPSC), and sought their response.

The case was heard by a two-member bench comprising Justice SM Atiq Shah and Justice Shakeel Ahmed on Thursday.

Petitioner Ali Azim Afridi Advocate, appeared before the court and argued that the recruitment process for civil service officers warranted a written test and interview conducted by the Public Service Commission, adding the FPSC recommends the recruitment of successful candidates. However, he pointed out, that the officers from the security forces were inducted into the civil services without a written test.

He told the court that the security forces officers have different backgrounds and training, but a pathway has been created for them to enter the civil services—whereas lawyers and ordinary citizens are not granted a similar opportunity.

He submitted the security forces officers can join the civil services on the basis of interview, but lawyers and ordinary citizens do not avail such facility. He asserted that if the law deems it appropriate for security forces to join the civil services without written test, then the lawyers and ordinary citizens should also be granted equal opportunity.

The petitioner informed the court that classification in the civil services itself violates fundamental rights. He emphasized that a fundamental legal principle states that what cannot be done directly it cannot be done indirectly. He pleaded that the rules be declared unconstitutional and above the authority.

He stated that Rule 3 of the Civil Services Rules of Pakistan, 1954, has been challenged. This rule grants an exemption to army officers, allowing them to be recruited into the civil services without a test. He argued that either this exemption should be extended to ordinary citizens, including lawyers, or these rules should be declared null and void.