KARACHI: The Sindh High Court on Friday directed the provincial government to ensure strict adherence to statutory recruitment regulations in future appointments to technical posts within the Sindh Building Control Authority (SBCA).

Dismissing a petition impugning the appointment of the SBCA director general, a two-judge constitutional bench comprising Justice Adnan-ul-Karim Memon and Justice Zulfiqar Ali Sangi noted that while merit-based and technically qualified leadership may be desirable in the larger public interest, the court cannot annul an appointment in the absence of a clear and demonstrable statutory violation.

Tariq Mansoor had petitioned the SHC in September last year, challenging the appointment of Muzammil Hussain Halepoto as DG SBCA. He had submitted that the position was purely a technical post whereas the incumbent DG, being an officer of the Pakistan Administrative Service (BS-20), lacked required technical qualifications and statutory registration as per set criteria and the SBCA (Recruitment) Regulations, 2016.

A provincial law officer and counsel for SBCA contended that the post of DG was an administrative post within the notified cadre of the Sindh government.

Bench orders govt to strictly follow recruitment regulations for technical posts in building authority

They also maintained that the post of director general (technical) referred to in the Recruitment Regulations 2016, has neither been separately sanctioned nor operationalised and thus, the petitioner has misconceived the distinction between the administrative office of DG SBCA and proposed technical post contemplated under the regulations.

The bench in its order said that as per record, the office of chief controller of buildings (BS-20) was re-designated as DG SBCA prior to the 2016 regulations, though these regulations contemplated certain technical posts, but no material has been produced to demonstrate that the administrative post was abolished or the impugned appointment was made specifically against sanctioned post of DG (technical) BS-20.

In the absence of such evidence, the presumption favours continuity of the administrative office under Section 4 of the Sindh Building Control Ordinance (SBCO), 1979, it added.

It also noted that the scope of judicial review in quo warranto proceedings did not extend to substituting the court’s wisdom for that of the executive and it was confined to examining whether the appointment was contrary to express statutory provisions or whether the incumbent lacked a qualification expressly mandated by law.

The bench further observed that where the statute conferred discretion upon the government and no explicit disqualification was established, judicial interference was unwarranted.

From the material placed on record, it said that the government was statutorily empowered under Section 4 of the SBCO to appoint the DG SBCA.

The SHC also noted that the petitioner has not conclusively demonstrated that the impugned notification appointed Mr Halepoto against the specific post of DG (technical) governed by the 2016 regulations.

“The mere existence of a contemplated technical post in the regulations, absent proof of its sanction and operationalisation, does not ipso facto invalidate the appointment to the administrative post. While merit-based and technically qualified leadership may be desirable in the larger public interest, the court cannot annul an appointment in the absence of a clear and demonstrable statutory violation”, it added.

The bench further observed that the petitioner has failed to establish that the DG SBCA was ineligible under the governing statutory framework to hold the office and consequently, no case for issuance of a writ of quo warranto was made out.

“Before parting with this judgment, we observe that the Government of Sindh shall ensure strict adherence to statutory recruitment regulations in future appointments to technical posts within SBCA, and shall uphold the principles of merit, transparency, and regulatory compliance in letter and spirit, particularly in view of the public safety considerations inherently associated with the mandate of SBCA”, it concluded.

Published in Dawn, February 21st, 2026