GHULAM HUSSAIN vs PROVINCE OF SINDH through Secretary Education and Literacy Department R

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GHULAM HUSSAIN VS PROVINCE OF SINDH through Secretary Education and Literacy Department R.16---Constitution of Pakistan, Arts. 5, 25 & 199---Naib Qasid, appointment of--- Qualification of candidates---Petitioner applied for the post of Naib Qasid and after passing the written test, he was called by the Selection Committee for interview---Petitioner grievance was that despite successful completion of all the codal formalities by him, his case has not been processed, although, he was the most qualified candidate for the subject post amongst all the candidates, who appeared in the written test and interview---Held, that the post of Naib Qasid was in BPS-01 as disclosed in the advertisement and the rule position was that the initial appointment to the posts in basic scales 3 to 10 could be made on the recommendations of the Departmental Selection Committee after the vacancies in these basic scales had been advertised in the newspapers and the candidate for the appointment by initial recruitment must possess the educational qualification and experience and be within the age limit as laid down for that appointment---Posts in BPS 1 and 2 could ordinarily be filled on the local basis as per R.16 of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Said Rule did not envisage the procedure adopted by the respondents to fill the subject post , which prima facie, has been done in a cursory manner---Only requirement to fill the subject post was that a candidate must possess the educational qualification and experience and be within the age limit as laid down under the recruitment rules, which the petitioner fulfilled and the respondents (appointing authority) ought not to have rejected his candidature on the analogy put forward by them---In response to the post advertisement, 135 applications were received against two vacant posts of Naib Qasid and all 134 applicants including the petitioner were issued admit card for the screening test---Screening test was conducted and based on the same, 10 candidates were shortlisted for the interview by the respondents----All candidates appeared for an interview before the interview committee---Reason for non suiting the petitioner was that the suitable candidates were appointed against the vacant post on the recommendation of the respondents---Representative of the respondent department did not show any successful candidate, more qualified than the petitioner for the subject post---Only reason put forward by respondents was that a more qualified candidate could not preform the duty of Naib Qasid as such petitioner was not considered for the subject post---Such ground was hardly a ground to non suit the petitioner and the same was based on a mere presumption which had no basis under the law----Constitutional petition was allowed and the decision taken by the respondents for the appointment of Naib Qasid was declared to be erroneous and of no legal effect---Matter was remanded to the competent authority of respondents for afresh decision on the issue of appointment of Naib Qasid under law and to consider the case of the petitioner for the subject post within two months from the date of receipt of the present order and submit compliance report.

GHULAM HUSSAIN vs PROVINCE OF SINDH through Secretary Education and Literacy Department R — 2023 PLC(CS) 194 KARACHI-HIGH-COURT-SINDH

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