ISLAMABAD: The Supreme Court on Monday gave the Sindh government two weeks to appoint “a person of integrity and competence” as chairman of the Sindh Public Service Commission (SPSC), in place of the incumbent Mohammad Saleem Bhounr.

The apex court also directed the provincial government to immediately hold fresh written tests for the combined competitive examinations 2013 (CCE 2013) following the appointment of a new chairman and members of the commission.

The 2,813 candidates who had earlier taken the written tests for 182 posts as part of CCE-2013 in Sindh will be eligible to take the fresh test, even if they have crossed the stipulated age limit and will not be required to pay any additional fee.

The decision came on a suo motu action taken on an application of Advocate Mohammad Junaid Farooqui, who alleged that large scale illegalities were committed by the SPSC chairman and members, who did not have the requisite qualifications as mandated by law.

On Oct 17, 2016, a three-judge Supreme Court bench headed by then chief justice Anwar Zaheer Jamali had restrained the SPSC from making fresh appointments of provincial government employees pending a decision.

Later, a bench headed by Justice Amir Hani Muslim heard the matter. The 34-page verdict issued on Monday, however, was authored by Justice Qazi Faez Isa.

The verdict deplored that taxpaying citizens were paying dearly for the right to be served by the best, but would be deprived of their due if incompetent or corrupt individuals ingratiated themselves into the civil service.

“The hapless taxpayers foot a never-ending bill, which includes the salaries and other emoluments of civil servants till they retire and after their retirement, their pensions and other benefits,” the verdict observed.

Appointments which disregard merit, perpetuate bad governance and drain the public exchequer also erode the credibility of the commission and the government, Justice Isa noted.

The verdict ordered the provincial government to ensure that, in addition to the chairman, other members of the commission also met the prescribed qualifications and only persons of integrity and competence possessing the prescribed qualifications be appointed to vacant positions of the commission within a month.

The court also cancelled the written test and interviews for CCE 2013 since large scale illegalities/discrepancies were committed. But the results of the screening tests have not been cancelled or set aside.

The court, however, held that when the papers of the written tests would be sent for checking, the identity of the candidates should be kept secret. The marks of the written tests should be publicly displayed on the commission’s website, on the notice board in its premises and in one Urdu, English and Sindhi newspaper.

Similarly, the marks obtained in each subject as well as the cumulative total against the candidates’ roll numbers should be disclosed, while those who obtained the prescribed minimum pass marks in the written tests must be invited for the interview.

The commission is also required to keep a separate record of the marks awarded by each interviewer and each interviewer should sign and date the same, as well as the combined results. The results of the interview should be displayed in a manner similar to that of the written tests, the judgement said.

The verdict explained that the candidates should be selected for all the advertised posts, unless they don’t pass the written tests and the interview, and the candidates selected by the commission should be offered appointment by the government as per the law.

If any candidate declines, the next candidate on the merit list should be offered the same position, the judgement said.

Published in Dawn, March 14th, 2017

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