0
KARACHI, May 18: The Sindh High Court directed the provincial education department on Wednesday to appoint and retain the services of over 200 petitioner lecturers offered the jobs on contract basis in June 2004 till the final selection of the candidates interviewed by the Sindh Public Service Commission (SPSC).
The petitioners were offered jobs after written tests and interviews conducted by a committee consisting of (former) education minister, an SPSC member and the education secretary. They were issued ‘offer letters’ but the education port folio changed hands on the induction of the Arbab Ghulam Rahim ministry after the fall of Maher government.
The new education minister disapproved of the selection process and vacancies were referred to the SPSC for regular appointments in accordance with the prescribed procedure. Appointment letters were withheld and the selected candidates approached the high court through Advocates Ali Ahmed Junejo, Bhajandas Tejwani, Qazi Ali Athar, Syed Shuaun Nabi and others.
The counsel said the successful candidates were selected for three years and they have acquired a vested right after going through the selection process and issuance of ‘offer letters’.
The government could not retract its job offers after subjecting them to written tests and viva voce. If there was any flaw in the selection procedure, the candidates were not to blame for it.
Contesting the petition, Additional Advocate-General Sarwar Khan and Advocate Sulaiman Habibullah said the vacancies were advertized to be purely temporary and terminable without notice. Emoluments were to be paid on ‘daily wage’ basis. In any case, the ad hoc appointments were made till the regular selection by the SPSC.
The government was nevertheless prepared to appoint them for six months.
A division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Maqbool Baqar, ordered that the petitioners be allowed to serve for six months or until the filling up of the vacancies on the recommendations of the SPSC, whichever period is longer.
SELF-FINANCE DUES: The bench asked the provincial health secretary and the medical college principals to file affidavits in respect of the additional fees charged from the failed medical college students admitted under the self-finance scheme.
Appearing for Ms Musarrat Ayaz and four others, Advocate M. Nawaz Shaikh submitted that the petitioners had paid Rs 150,000 each at the time of admission for one year. They failed in their exams and were being asked to pay the same amount in order to continue their studies. Additional Advocate-General M. Ahmed Pirzada said the charges were meant to cover annual expenses and a student who paid dues only for one year could not be allowed to stay on.
The bench found little force in the petitioners’ contention but when their counsel stated that in some cases, the additional fees were not charged or were refunded, it decided to seek comprehensive statements on oath from the health secretary and the college principals. In one case, the counsel claimed, a student was refunded, the entire amount of Rs 600,000 paid by her for the entire MBBS course and was also allowed to migrate to Liaquat University of Medical and Health Sciences. The relief was ostensibly extended in view of her father’s death.
The bench sought affidavits on relief’s and refunds and also asked the AAG to address arguments on the applicability of the Sindh Medical Colleges Act, 1987, to the Dow and Liaquat universities of medical and health sciences on May 27.
