Institutions that need to be independent being polluted for political reasons: SHC

The Sindh High Court (SHC) on Wednesday took exception to the irregularities and the lack of a transparent process in the Sindh Public Service Commission’s (SPSC) examinations for the posts of town and municipal officers.

The court observed that the institutions which need to be independent are being polluted for political reasons, and that merit is being completely overlooked during the selection of candidates for public offices.

Issuing a judgment on the petitions filed against the SPSC’s exams for the posts of town and municipal officers, an SHC division bench comprising Justice Shamsuddin Abbasi and Justice Amjad Ali Sahito observed that the government has not taken any steps to ensure that merit prevails and that the SPSC undertakes a transparent process.

The judges observed that the court cannot allow the transparent process, which needs to be observed by the SPSC while selecting or examining the candidates for different public offices, to be compromised for any political reason.

The court confronted the SPSC secretary with regard to the serious allegations levelled against the commission and the interview committees on the basis of the material that was annexed with the petitions reflecting the affiliation of the candidates selected for the posts of municipal officer, besides their relationship with some of the political leaders.

The SPSC secretary had hardly any justifiable explanation to offer, and he admitted that no audio or video recording of the interviews conducted by the committees of the SPSC was available.

The court observed that the petitioners or other candidates are at liberty to file representation or an appeal under the regulation of the SPSC (Recruitment Management) Regulations, 2023, with the SPSC chairman, who would decide the same within 45 days in accordance with the law and inform of the results through the commission’s website.

Regarding the serious allegations levelled against the SPSC interview committee member Rizwan Memon, the court directed the SPSC chairman to investigate the matter by forming a committee against the said member and submit a detailed report for the court’s perusal within two months.

The court observed that the proposed report of the committee would address all the issues and the response by hearing the parties who were the petitioners in these proceedings, including Memon, by seeking his explanation on this issue, and the conclusion be reached after hearing the relevant persons.

The court observed that in future the SPSC committee comprise members for interview who are independent, and that no members of the committee be part of an interview or viva voce if they have a relationship with the candidate, and that the chairman would ensure this strictly.

The court ordered that during the interview or viva voce of a candidate of grade 16 and above, audio and video recording would be ensured, along with a photograph of the candidate, and the members of the interview committee would be visible in the video.

The court observed that on the conclusion of the interview, a statement of the person who recorded the video would also be recorded without any editing, and that audio and video would be kept in the SPSC’s safe custody for at least three years, unless the time period is extended by the court.

The court observed that in case any such audio or video is missing, the SPSC’s chairman and secretary would be held personally responsible, and the failure on their part might lead to consequences.

The court ordered that all the results of the written tests of the candidates conducted by the SPSC should be displayed on the website of the commission by showing the name of the candidates and the marks obtained by them.

The court ordered that the website should also display the results of the interview or viva voce of every candidate by showing their name, their father’s name, the marks obtained in the interview or viva voce, the marks obtained in the written test and the final result.

The petitioners’ counsel argued that the entire process adopted by the SPSC is contrary to the law as well as the directives of the apex court. They submitted that many persons who were appointed as municipal officers were relatives of either an MPA or an MNA of the ruling political party.

They requested that a high-level inquiry be conducted to unearth the facts and the failure of the SPSC in the recruitment process in accordance with the law, and that the report of the inquiry be submitted to the court.

The provincial law officers denied the allegations of the petitioners. They pointed out that there was a proper mechanism/procedure for the recruitment of candidates in a fair and a transparent manner.

Besides, they remarked, Regulation No. 161 of the SPSC (Recruitment Management) Regulations, 2023, provides for the right of representation/appeal to the aggrieved candidate, but the petitioners failed to avail it.