HYDERABAD: The Hyderabad circuit bench of the Sindh High Court on Wednesday ordered that all appointments in health and other provincial departments to BS-1 to BS-5 posts be made through Institute of Business Administration (IBA) Sukkur and National Testing Service (NTS).

The order was passed on a petition filed by Zakir Hussain and others, who had challenged appointments in BS-1 to BS-5 of 182 employees in the Liaquat University Hospital (LUH) after a walk-in interview.

The petitioners who were represented by Ali Palh advocate argued that several persons who were appointed in the hospital belonged to one family while eligible candidates were ignored. They provided names of such persons and said that it was done through illegal appointment process conducted by medical superintendent and his recruitment team.

They said that candidates who were entitled to jobs under son quota and those who were already working in the hospital as daily-wagers were ignored.

They referred to a petition filed by Abdul Basit and 171 others and said the petition was filed by the beneficiaries who had not hidden their castes and addresses to cover up nepotism in their appointment.

They requested the court to terminate services of the illegal appointees and order fresh appointments. An inquiry should be ordered against hospital officers including the then MS and director of administration Abdul Sattar Jatoi for illegal recruitment, they said.

The petition filed by Abdul Basit and others asked the court to allow them to appear in any examination to be conducted by a third party.

The court was told that recruitment of 182 candidates in BS-1 to BS-5 were made by a committee comprising secretary of health, additional secretary of Services and General Administration (S&GAD) and medical superintendents concerned.

Later, Sindh chief minister initiated inquiry over complaints of illegalities by the committee and the probe declared all the recruitments illegal.

The court noted that the appointments made earlier by DHO of Tharparkar and Mirpurkhas were also cancelled and then anti-corruption department initiated an inquiry but the recruited persons challenged that order. One of the petitions was allowed while others were rejected.

AAG and secretary of health agreed that in light of judgment passed by the apex court the same procedure was to be adopted in the case of appointment in police through NTS and in anti-corruption department. The recruitment would now be made through third party, they said.

The secretary said that the issue of appointment through NTS/IBA (third party) was discussed in cabinet meeting and it was decided that rules could be relaxed for present procedure and a committee was formed to recommend amendments to the rules.

The court ordered: “Accordingly, all fresh appointments in health and other departments of Sindh in BPS-1 to BPS-5 shall be made through IBA/NTS of respective region across Sindh. With regard to criterion, a committee comprising Dr Mohammad Ibrahim Memon, deputy secretary and Mohammad Akhlaque, former director general of health and a BS-18 officer shall be constituted”.

Thereafter, said the order, the committee would frame basic criterion and submit it to court which would then be applicable to all posts from BS-1 to BS-5 in every department including health.

Since the petitioners, Zakir Hussain and others, had remedy to appear again in examination to be held by any institution they were satisfied with the order and the petition was disposed of.

It said that to avoid difficulties in offices because of shortage of staff, recruitment be made in every department in the first quarter of every financial year on the basis of merit.

Published in Dawn, July 25th, 2019