HYDERABAD: The Hyderabad circuit bench of the Sindh High Court on Thursday suspended operation of an order issued by chairman of the Board of Intermediate and Secondary Education, Hyderabad, relieving the board’s secretary of his responsibilities.

A division bench comprising Justices Amjad Ali Sahito and Mohammad Osman Ali Hadi passed the order on a petition filed by the BISE secretary, Shaukat Ali through Ishrat Ali Lohar advocate, citing as respondents secretary of Universities & Boards, chairman of BISE and deputy secretary BISE Shahnawaz Bhatti.

The petitioner’s counsel stated that Ali was assigned the charge of secretary of BISE on deputation for one year after he was promoted as assistant professor in 2008 and thereafter associated professor in BS-19 in 2019.

He said that all formalities were met prior to assigning him the charge of BISE secretary vide notification dated May 16, 2022. His tenure was extended for one year from May 13, 2023, but the respondents issued a notification on Nov 23, 2023, to recall his deputation. On Nov 30, 2023, the Sindh High Court suspended the notification and the petitioner resumed his duties, he said.

He said that on Jan 30, 2025, Mr Ali was given another extension for one year by the competent authority on Feb 10. On May 16, BISE chairman issued an office order under section 15(5) of BISE Act, 1972, relieving the petitioner of the post of secretary and directing Shahnawaz Bhatti to look after the charge for day to day affairs.

He said that BISE chairman, who was also working as acting chairman in his capacity as special secretary of Universities & Boards, was not competent to relieve him because he was working in BS-19. Only Chief Secretary was competent to take such action thus May 16, 2025, order was beyond service rules and regulations, he said.

He said that his deputation was extended due to his good performance and accused the respondents of engaging in acts of malice, nepotism and favouritism in exercise of their administrative functions.

He said that he would attain the age of superannuation on Jan 23, 2026, and relieving or transferring him at this juncture was against the spirit of services rules.

The respondent chairman’s action was not only illegal and unconstitutional but also reflected misuse of authority, he said, prayed the court to declare the May 16 order as beyond spirit of BISE Act 1972. Hence, the court should suspend operation of the May 16 order, he said.

The bench adjourned the matter to June 18 while issuing notices to the respondents and suspending operation of the May 16 order. It said the court’s order should be sent to Chief Secretary, secretary of Universities & Boards and relevant authorities.

Published in Dawn, June 6th, 2025