Altaf Ahmed Memon vs Government of Sindh Ss — 2026 MLD 788 KARACHI-HIGH-COURT-SINDH

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Altaf Ahmed Memon VS Government of Sindh Ss.3(2) & 14(2)---Constitution of Pakistan, Art.199--- Appointment of Chairmen of Educational Boards---Challenge to the recruitment process---Shortlisting of candidates through Search Committee---Alleged lack of transparency and deviation from statutory framework---Eligibility criteria---No recruitment can be done on criteria not mentioned in the advertisement, plea of --- Legality---Modification in advertisement---Whether substantial departure affecting fairness of process?---Briefly, the petitioners, being aspirants for appointment to the posts of Chairmen (BPS-20) of various Educational Boards challenged the shortlisting and recommendation of private respondents made through a recruitment process contending irregularities in the procedure adopted by the authorities; the controversy centered on the legality and validity of the recruitment process for appointment of Chairmen of Educational Boards and the scope of judicial review in such selection process---Held: More than hundred candidates were interviewed in nine batches and those who secured more than fifty marks were recommended by Search Committee for the Position of Chairmen in Educational / Technical Boards---This Tabulation showed that the private respondents had scored more marks than the petitioners and thus the private respondents were recommended for the said posts--- A proposal was made that whether candidates from the waiting list be selected in order to expedite the entire process, or fresh advertisement was given, and it had been decided that these two vacant posts were to be filled through re-advertisement in order to select best suitable candidates---This latest decision of respondents also nullified the objection of the petitioners' side, that in such a competitive process no waiting list was required to be prepared---Constitution of the Search Committee Act, 2022 was promulgated with the sole object to make appointments in public sector Universities in a transparent manner---Since underlying object of the Boards in terms of the governing law was, inter alia, to regulate, develop and control Intermediate and Secondary Education; recognize and de-recognize educational institutions, grant certificates, diplomas to persons who had passed examinations; therefore, it was necessary to headhunt and select the best suitable candidates as Chairmen of the Board, who could ensure the accomplishment of the above statutory functions of the Universities and Board Department --- Hence, no illegality was committed by the Committee formed under the above Act of 2022, the composition whereof was mentioned under Subsection (2) of S.3, that included, the Chairman, Sindh Higher Education Commission--- Constitutional petitions were dismissed, in circumstances.

Altaf Ahmed Memon vs Government of Sindh Ss — 2026 MLD 788 KARACHI-HIGH-COURT-SINDH

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