ISLAMABAD: The Supreme Court (SC) has sought the justification from the Sindh government for blanket age relaxation for appointment in the forest and wildlife departments and asked it to explain if it would not defeat the intent of the Sindh Civil Servants (Appoint-ment, Promotion and Transfer) Rules, 1974.
The Supreme Court has also ordered the Sindh advocate general and chief secretary and, chairperson and members of the Sindh Public Service Commission and the law department of the provincial government to furnish concise statements latest by Dec 31, 2023 on the questions raised by the court.
Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the apex court also required the Sindh government to answer when the rules provide a maximum age for a post why should it be relaxed and if at all age was to be relaxed, should it not be in respect of an individual seeking it, provided he could justify it.
The query also include that should the blanket age relaxation not defeat the intent of the law, and defeat rule 12(1) of the rules, whether the notification, granting 15-year age relaxation conforms with the law, whether the interest of the people of the province was served when age was relaxed, who may only then have the benefit of the selected candidate’s service for less than 15 years, since the retiring age was 60 years.
It also asks whether the age should be relaxed when there is high unemployment and qualified candidates are available, what is a stipendiary candidate, the advertisement issued by the Sindh Public Service Commission stipulated selection of assistant conservator of forests possessing certain educational qualification, and did not mention stipendiary candidates, therefore, why are stipendiary candidates to be selected.
Why, after the publication of advertisement arbitrarily changes were made, and if so why fresh publication was not made, it was asked.
The issue cropped up while taking up an appeal of the Sindh government relating to July 13, 2020 advertisement of the Sindh Public Service Commission in respect of a number of posts, including selection of suitable candidates in the forests and wildlife department for two assistant conservators of forests in BPS-17.
Only applicants between 21 years to 30 years of age were eligible to apply. The applicants were required to have a degree in BSc in forestry or agriculture or physical sciences in at least second class from a recognised university.
Subsequently, a corrigendum was issued stating, that to maintain the urban and rural quota, one post will be considered to be urban and the other rural.
Thereafter, an addendum was issued on Sept 8 2020, based on July 27, 2020, notification requiring that the Sindh government has allowed relaxation of 15 years in the upper age limit to all the applicants applying for the vacancies in all the departments of Sindh (except for police service and the posts to be filled through combined competitive examination by the Sindh Public Service Commission).
Moreover, the number of posts was increased from two to seven by a letter on Oct 27, 2020, written by ‘section office-I for secretary to Sindh government which also stipulated that the selection was for, stipendiary candidates for MSC (forestry course 2020-2022) and BSc (forestry course 2020-24) at the Pakistan Forest Institute Peshawar for initial appointment to the posts of assistant conservator of forests (BS-17) and range forest office (BS-16)’.
Moreover, earlier direction of the Supreme Court that every government servant must mention his name and designation in every notification, memorandum, order, has not been complied with, as neither the name of the section officer nor of the said secretary was mentioned.
The Sindh High Court had set aside the selection process and directed that the posts be advertised afresh by the commission.
The Sindh government as well as some private parties have assailed the decision of the high court. The case will be taken up on Jan 2024.
Published in Dawn, December 2nd, 2023
