KARACHI: The Sindh High Court on Tuesday set aside the appointments of controllers of examination in different boards of intermediate and secondary education across the province, directing the authorities to fill the posts on merit.

The SHC ruled that the recommendation of the search committee for appointments of the candidates, who did not pass the written test, for such posts and their subsequent appointments were without lawful authority.

A two-judge bench comprising Justice Nadeem Akhtar and Justice Adnan-ul-Karim Memon expressed its displeasure over the conduct of the officials of the provincial government, who despite a restraining order continued the process of appointment of their own politically motivated candidates who, except three, had failed to secure the passing marks.

Orders fresh interviews for the posts; rules the criteria must not be changed, modified or altered under any circumstances

It further observed that the unauthorised act of reduction in the passing marks by the search committee had not only defeated the entire purpose of selection on merit through a transparent competitive process, but had also given a chance to unqualified and failed candidates to which they were not entitled.

Therefore, it directed the Sindh government and all its officials and departments who may be involved in the process at any level to ensure that the criteria laid down in relation to passing/qualifying marks must not be changed, modified or altered in future under any circumstances.

The bench further ordered to ensure that interviews of the candidates must relate inter alia to the subject for which the post had been advertised.

“We direct the competent authority to hold fresh interviews for the subject posts of only successful candidates declared by IBA, and if the posts are leftover, the same shall be filled only through fresh advertisement on merits,” the court order said.

The bench issued these directives on the petitions filed by three unsuccessful candidates challenging the recruitment process initiated by the universities and boards department for the posts of secretary/controller of examination Sindh boards of intermediate and secondary education on the ground that the process was compromised in order to accommodate private respondents having influence and selected for extraneous consideration.

As per the facts of the case, on March 1, 2019 the posts of secretary/ controller examination were advertised for boards of intermediate and secondary education Hyderabad, Sukkur, Mirpurkhas, Larkana and Karachi as well as the Sindh Board of Technical Education Karachi.

The bench in its judgement noted that a written test was conducted by the IBA-Karachi on July 28, 2019 and apparently, apart from three respondent candidates, all other candidates failed to secure 50 per cent marks to make them eligible for interview.

Thus, the competent authority constituted a search committee with sole objective to ensure selection of candidates of their choice, but it did not have the mandate to shortlist the candidates who had not secured 50pc marks, the bench in its judgement said.

However, the search committee shortlisted 24 candidates by reducing the passing marks from 50pc to 40pc, conducted their interviews and recommended them for appointments, it added.

“It is unfortunate that the Sindh Government, instead of following the principle of selection on merits, allowed the search committee to indulge in the above unauthorized and illegal act. Such conduct on the part of Government of Sindh and search committee ex-facie appears to be tainted with bias,” it said.

The bench also expressed its displeasure over the conduct of the officials of the provincial government who despite a restraining order of the bench issued on Aug 26 continued the process of appointment of their own politically motivated candidates who had failed to secure passing marks except three candidates.

Published in Dawn, April 8th, 2020