November 27, 2008	Thursday	Ziqa'ad 28, 1429

KARACHI, Nov 26: The Sindh High Court adjourned the hearing of 365 Sindh Public Service Commission-selected lecturers’ petitions for posting till Dec 15, by which date the Supreme Court would have decided the provincial government’s appeal against the acceptance of identical petitions moved by public prosecutors before the high court.

The issues involved in the appeals and petitions are whether the chief minister has unrestricted authority to disregard the commission’s recommendations under Section 7 of the SPSC Act and whether offer letters once issued by the government and accepted by the candidates could be withdrawn. In the prosecutors’ case, a high court division bench had directed the government to pass a speaking order for rejection of the SPSC recommendations or assign jobs and start paying salaries to the candidates already issued offer letters within a month. The government challenged the order in the Supreme Court.

Representing the petitioners, Advocate Shua-un-Nabi submitted before Justices Khilji Arif Hussain and Dr Qamaruddin Bohra, who constitute the bench hearing the petitions, that the candidates applied for the college teachers’ vacancies in June 2005, appeared in the SPSC-conducted test in January 2006, and were issued offer letters in May 2008. While ad-hoc lecturers were being advised to apply to the SPSC, those already selected by the commission were being refused posting.

650 candidates, he said, were recommended by the SPSC, out of which 11 had found favour with the education department and 639 were still awaiting final appointment. At least 365 of the successful candidates had approached the court. The government had failed to come out with any plausible justification for ignoring the SPSC recommendations and was only relying on the CM’s power under Section 7 of the SPSC Act.

He argued that the CM did not have unbridled authority to reject the commission’s recommendations.

Nazim’s bail confirmed

Justice Azizullah M. Memon, meanwhile, confirmed the interim bail granted to Qurban Ali Abbasi, Taluka Nazim, Larkana, and Town Municipal Officer Abdul Karim Shaikh. They had been booked in a land allotment case by the Anti-Corruption Establishment.

Appearing for the applicants, Advocates A.Q. Halepota and Mansoorul Haq Solangi submitted that the case was politically motivated and the FIR registered by ACE failed to disclose the commission of any offence. No ingredient of the provisions cited in the FIR was attracted to the facts of the case yet the police were out to harass and humiliate them.

They said they had no intention of evading the trial and wanted to vindicate their honour. The plots alleged to have been wrongfully allotted were sold by public auction.

Meanwhile, a division bench has reserved its order on a petition moved by Mr Abbasi against his suspension by the chief minister.

Education secy’s plea

Another bench consisting of Justices Qaiser Iqbal and Syed Mahmood Alam Rizvi issued notices to the chief secretary and the secretary of the services and general administration department for Dec 4 in a petition moved by special education secretary Maula Bux Khatan for his eligibility for allotment of a plot out of government servants’ quota in Defence Phase VII.

Advocate Mohammad Mustafa Husain, the petitioner’s counsel, submitted that the provincial government had given a big chunk of the land to the DHA for Phase VII for its officers in 1996. Another 30 acres were leased out in 2005 for development of plots for public servants. The petitioner was eligible for allotment of one of the plots reserved for public servants but his name was being arbitrarily ignored.

He requested the court to direct the respondents to include the petitioner’s name in the list of eligible public servants so that he could participate in the draw.

Bail for developer

The bench also granted bail to builder and developer Chaudhry Tanvir Ahmed, a co-accused in the Malir land case, in the sum of Rs1 million. He is said to have unlawfully acquired the land belonging to the Karachi Water and Sewerage Board in Malir. Malir Development Authority chief Ameerzada Kohati and 10 others had already been admitted to bail in the criminal reference. Advocates Abbas Ali and Tariq Ali appeared for the applicant.

Justice Mahmood Alam Rizvi allowed the bail application of Asif Iqbal Zaidi, a clearing a forwarding agent in the sum of Rs100,000. He was charged with smuggling five kilograms of heroin but his counsel, Sibtain Mahmud, submitted that no recovery was made and no attempt was made by the customs officials to arrest the importer of the consignment that contained the contraband. Two arrested persons were let off by the investigation officer himself and his client was booked for ulterior motives.

Heritage site

Another division bench comprising Justices Mohammad Athar Saeed and Arshad Noor Khan asked the nazir of the court to visit the Empress Market to ascertain whether its fish and meat sections were also part of the heritage site.

A petitioner claims that the fish and meat markets adjoining the Empress Market formed part of the main building.

City district government counsel Manzoor Ahmed submitted that only the main market was heritage site and extension of the site’s limits would create problems for the public and municipal authorities.