PESHAWAR: Peshawar High Court has declared illegal the replacement of controller examination of Board of Intermediate and Secondary Education (BISE) Kohat and has set aside the relevant notifications issued by the government in March this year.

A bench consisting of Justice Ijaz Anwar and Justice Kamran Hayat Miankhel accepted a petition filed by the replaced controller examination, Malik Maqsood Anwar, and pronounced that the two impugned notifications of March 14, whereby the petitioner was repatriated to his parent department and was replaced by another person, were against the relevant law and rules.

The bench released a short order, observing that detailed judgement would be issued later.

The petitioner had challenged the March 14 notification of government about repatriating him back to higher education department before completion of his three-year term as controller of the board.

Petitioner challenges his repatriation to education dept before completion of term

The petitioner had requested the court to declare the impugned notifications illegal and direct respondents to allow him to complete his normal tenure under the law.

The respondents in the petition were controlling authority of boards of intermediate and secondary education in the province through special secretary to chief minister, secretaries of higher education and elementary and secondary education departments, KP chief secretary and a subject specialist, Tahirullah Jan, who had replaced the petitioner as controller.

Advocate Khalid Rahman appeared for the petitioner and stated that his client was an employee of higher education department (HED) serving as associate professor (BPS-19) and was promoted through a notification on Sep 19, 2024.

He said that the post of controller of examination of BISE Kohat was lying vacant in 2022 and for filling the same, the petitioner, being an academician with appreciable service, was called for interview along with numerous other candidates by the search and scrutiny committee comprising different administrative secretaries.

He said that after a lengthy process, the petitioner was recommended for appointment as controller of examination and was subsequently appointed on June 8, 2022, following observing all codal formalities for a period of three years on deputation.

Mr Rahman contended that before completion of his tenure, through the impugned notification, the petitioner was repatriated to his parent department while subject specialist Tahirullah Jan of BPS-18 was posted in his place without following the set procedure and selection criterion.

He said that after his appointment, the petitioner strived hard for performing his responsibilities to the satisfaction of high-ups and there was never any complaint against him.

He argued that the chairman of BISE Kohat through a letter on Feb 18, 2025, strongly recommended to the secretary of HED to allow the petitioner to continue with the post of the controller in the public interest.

He said that the petitioner had been appointed against a tenured post under the law and such tenure must be respected as already laid down by Supreme Court in one of its judgements delivered in 2013.

The counsel said that the apex court had ruled when ordinary tenure for posting had been specified in the law or rules, such tenure must be respected and couldn’t be varied except for compelling reasons which should be recorded in writing.

An additional advocate general contended that the petitioner’s repatriation back to his parent department was in accordance with law.

He added that the government was empowered to repatriate back any government official prior to completion of his deputation period.

Published in Dawn, May 9th, 2025