HYDERABAD: A division bench of the Sindh High Court has observed independent institutions like the Sindh Public Service Commission (SPSC) “are being polluted for political reasons”.

“We with heavy heart are compelled to record that institutions which need to be independent are being polluted for political reasons and merit is completely overlooked while selecting candidates against public offices,” writes Justice Amjad Ali Sahito in the 22-page verdict announced on Wednesday at the Hyderabad circuit bench of the SHC.

“We are fully conscious that government has never taken steps to ensure that merit should prevail and transparent process should be undertaken by SPSC,” states Justice Sahito, who was part of the division bench headed by Justice Salahuddin Abbasi that heard multiple petitions challenging interviews conducted by the SPSC for posts of municipal officers, town officers and assistant accounts officers held last year.

Advocates Sajjad Chandio and Arshad Pathan represented the petitioners who moved court after being rejected in the interview process. Some successful candidates had also become interveners.

Bench laments merit is completely overlooked while selecting candidates for public office

Orders probe against SPSC member

The bench directed the SPSC chairman to form a committee to investigate serious allegations against commission member Rizwan Memon.

It said such a detailed report for court’s perusal would be submitted within two months from date of the judgement and the report shall address all issues and response by hearing parties including the petitioners and Mr Memon.

“We cannot allow transparent process which need to be observed by SPSC while selecting and/or examining candidates for different public office to be compromised for any political reason and to eliminate such an approach we are bound to hold as under while disposing of petitions.”

It said the petitioners/other candidates may file representation/appeal under Regulation No 161 of SPSC (Recruitment management) Regulations 2023 before the SPSC chairman, who shall decide same in accordance with law in 45 days and inform the result through given address/website.

The bench said that an interview committee of the SPSC was not independent and the petitions were filed against the members of the committee that they were influenced to appoint candidates of their choice or those who have political affiliations.

“We for future direct no members of committee shall be part of an interview, viva-voce in case he or she has any relationship with candidate and chairman shall ensure this strictly,” the bench ruled.

Audio, video recording of interviews/viva ordered

The bench ordered that while conducting interviews/viva-voce of candidates from BS-16 onwards, audio and video shall be recorded with photographs of candidates and members’ interview committee shall be visible in proposed video.

The bench ordered that on conclusion of interview, a statement of person who has recorded video shall be recorded without editing. Such audio and video shall be kept in safe custody for at least three years unless extended by court in safe custody of the SPSC. In case such audio and video is missing, chairman and secretary SPSC shall be personally responsible and failure of their part may lead to consequences, the court ruled.

All results of written test of candidates conducted by the SPSC shall be displayed on its website by showing names of candidates and their marks. All results of interview/viva-voce of candidates conducted by the SPSC shall be displayed on the website by showing their names, father’s names, marks obtained in interview/viva including written test with final result, the verdict said.

The bench noted that the petitioners questioned the entire process of the SPSC without making all successful candidates a party. “Admittedly, petitioners appeared in written examination and were cleared; however, they failed in interview/viva-voce which was a pre-condition before they could be appointed for subject post(s).”

“Certainly written test is meant to measure knowledge of candidate in respect of subjects offered or opted, as such, written test could not calculate personality and communication skills of candidates including abilities in respect of leadership and decision; however same could be judged at time of interview by interviewing committee, entrusted with such task; and, for result of interviews, this court is not a forum to be substituted,” the verdict said.

The court noted that when the SPSC secretary was confronted with serious allegations against commission and interview committees he hardly had any justifiable explanation to offer. He told the bench that no audio or video recording of interviews conducted was available.

It disagreed with the petitioners counsel to declare the entire process of SPSC null and void.

It referred to judgements passed at the SHC’s principal seat and different circuit courts, directing aggrieved persons to file an appeal before the SPSC.

The bench agreed with counsel that appointment to public office by the SPSC should be made on merit without encouraging nepotism or corruption and system should be de-politicised so that deserving candidates should not suffer.

Published in Dawn, March 14th, 2024