HYDERABAD: Candidates who are to appear in the combined competitive examination (CCE)-2013 under an order of the Supreme Court have raised serious questions over legal sanctity of the process.

The Sindh chief minister appoin­ted six members of the Sindh Public Service Commission (SPSC) who are Aftab Anwar Baloch, an officer of the Export Processing Zone Authority; Syed Abid Ali Shah, an officer of the defunct Ghee Corporation of Pakistan; Syed Abdul Aleem Jafri, a BS-21 officer of the Police Service of Pakistan (PSP); Aijaz Ali Khan, a former federal secretary; Lal Mohammad Khero, a former sessions judge; and Advocate Harish Chander, who has been inducted as a private sector member.

Ten candidates who are to appear in the written tests, originally fixed for Nov 8 but postponed for four weeks on Thursday, have moved the apex court citing violation of its March 13 suo motu notice setting aside the CCE-2013 exams and ordering fresh tests.

According to the candidates, SPSC’s composition was incomplete when the exam schedule was announced.

Even present chairman’s appointment remained questionable, they argued.

A set of directives for the SPSC was also passed by the SC. One of the directives was about framing of rules which, according to Sindh Advocate General Zamir Ghumro, had been framed in March 2017 under the title of “SPSC (Appointment of Chairman and Members) Rules 2017” whereby incumbent SPSC chairman was appointed by government in the light of the rules.

However, the candidates including Housh Mohammad Shar and Mansoor Mirani, who have filed a contempt plea, have taken a different stance for moving the apex court.

According to Shar’s contention, SPSC chairman was not appointed in line with Article 242 (1) (B) of the Constitution as directed by the apex court in its detailed order.

“Under the said article, names are to be forwarded to the governor by the chief minister for the appointment either of the chairman or members,” he said, adding: “Instead, the chairman was appointed by competent authority ie the CM and not the governor”. He said that even credentials of two members were not verified as required by the SC in its order.

He quoted from the SC’s order that “a person of integrity and competence who meets stipulated qualification for appointment as chairman of commission be appointed in terms of Article 242 (1B) of Constitution within two weeks.” However, Mr Shar said, in this case, the SPSC chairman was appointed by way of a notification issued by the Sindh chief secretary while invoking the SPSC Act of 1989 and not by the governor as seen in the case of the vice chancellor of the Liaquat University of Medical and Health Sciences.

AG Ghumro, however, defended the chairman’s appointment, stating Article 242(1)(B) is to be read with Article 105 under which CM’s advice could not be questioned. “I believe approval for chairman’s appointment must have been sought from governor”, he insisted.

SPSC Chairman Noor Moham­mad Jadmani told Dawn that the governor had also accorded his approval in his case.

He did not agree with argument of applicants/candidates that a schedule for the written tests could not be issued until the commission’s composition was completed.

Published in Dawn, November 3rd, 2017