Plea against appointment process of educational boards dismissed

Karachi

The Sindh High Court (SHC) on Friday dismissed petitions challenging the government’s process of direct appointments of secretaries and controllers for intermediate, secondary and technical boards of the province through advertisement and competitive process.

Prof Anwar Ahmed Zai, Dr Masroor Ahmed Zai and others officers, who were working as controller of examination and chairman for different intermediate, secondary and technical boards of the province on contractual basis had challenged the direct appointment of controller, chairman for intermediate and secondary boards through advertisement.

They submitted that secretary to chief minister for universities and board had advertised for appointment of secretaries and controllers for intermediate and secondary boards of the province outside the service cadre of the post in violation of the rules and laws of appointment. They contended that they were appointed by the competent authority for the posts of controller and chairman and they were qualified to be promoted as senior officers of their respective boards.

Provincial government on other hand contended that credibility of the educational boards in the province had been in question for long over allegations of favouritism, nepotism, tampering of results and declining of educational standards; therefore the government had decided in principle to induct professionals and highly qualified persons through competition.

The provincial law officer submitted that respondents who were holding posts of education boards’ chairman or controller could also avail such an opportunity in case they were genuinely eligible for the post.

SHC’s division bench headed by Justice Mohammad Ali Mazhar observed that it was well settled that contract of employment could not be enforced through constitutional petitions and a suit for damages was the only solution to a locus poenitentiae.

The court further observed that having accepted conditions of service, the petitioners had no locus standi to file constitutional petitions seeking writs of prohibition and mandamus to keep the authorities from terminating their service and to retain their existing posts on a regular basis.

Dismissing the petitions, the court directed the government to ensure transparency in the process of appointments and ensure there was nothing else considered other than merit.

The court observed that if the petitioners had qualification commensurate to the positions advertised in the newspapers, could also apply for the posts. The respondents were directed to consider their applications strictly in accordance with merit.