ISLAMABAD: The Islamabad High Court (IHC) has dismissed a batch of petitions seeking regularisation of teaching staff and computer teachers in federal government colleges, ruling that appointments made without the Federal Public Service Commission (FPSC) for BS-16 and above posts cannot be protected by the passage of time.
In a 32-page written judgement issued by the court of Justice Shahrukh Arjumand, it was held that the process of scrutiny, testing and interviews conducted in accordance with the FPSC letter, the Establishment Division memorandum and the Federal Directorate of Education (FDE) letter is valid.
The court ruled that the Cabinet Sub-Committee (on Regularisation) lacked the legal authority to recommend appointments for positions in BS-16 and above. Consequently, such recommendations and regularisations are void ab initio - invalid from the outset. Regularisations obtained on illegal grounds cannot be exempted from scrutiny by being classified as “past and closed transactions”, the court observed.
Furthermore, transparent recruitment on a contract basis, or the transition of a project into a non-development phase, cannot serve as a substitute for the mandatory requirement of formal appointment through the FPSC. Assistant Attorney General Usman Ghuman represented the Federation in the case.
The judgement arises from a long-standing dispute over the regularisation of teachers initially appointed on a contract basis in various FDE projects during 2004-2005. They were regularised in 2011 on the recommendations of the Cabinet Sub-Committee headed by Syed Khursheed Ahmed Shah. The petitioners had challenged recent notifications issued by the FPSC, the Establishment Division and the FDE, through which data of all regularised employees was sought for fresh tests and interviews.
The core legal question at the heart of the IHC judgment, whether regularisations granted by a cabinet sub-committee without the FPSC are legally sustainable, has also ensnared the Capital Development Authority (CDA), where a parallel and equally fraught saga over employee regularisation continues to unfold.
The IHC has previously barred all ministries and departments, including the CDA, from implementing the recommendations of the National Assembly’s Special Committee on Affected Employees for the regularisation of contract and daily-wage employees. The court had ruled that the committee had exceeded its terms of reference and declared its recommendations to be without legal effect.
The CDA’s own record is marred by similar irregularities. A special audit report identified “irregular appointment of employees on daily wages/contract/DPL basis in BPS-01 to BPS-18 in CDA due to non-fulfillment of required formalities and in violation of government instructions”.
In a separate and more recent scandal, the Federal Investigation Agency (FIA) registered a case against 58 former CDA officers and employees from Scale-4 to Scale-14 for allegedly securing appointments using forged academic qualifications, fabricated experience certificates, and counterfeit driving licences. The FIA’s inquiry is also examining the role of CDA officials responsible for the unlawful recruitment and subsequent regularisation of 24 patwaris appointed in breach of the provincial quota.
In its judgment, the IHC further held that under Article 189 of the Constitution, the law laid down by the Supreme Court is binding on all courts and authorities. An act done without legal jurisdiction does not become legal and regular merely by passage of time or by serving for a long period.
Regarding employees nearing retirement, the relevant authorities have been directed to exercise extreme caution when deciding on their individual cases. They must ensure all legal safeguards are met, adhere to the court’s current directives, and duly consider the employees’ retirement benefits, the judgment stated.
Published in Dawn, October 17th, 2026
