BISE Kohat exams controller transfer declared null & void

PESHAWAR: The Peshawar High Court (PHC) on Thursday declared the Khyber Pakhtunkhwa government’s order regarding the transfer of controller of examinations of the Board of Intermediate and Secondary Education, Kohat, back to his parent department and the new appointment on his seat null and void.

A two-member bench of the PHC comprising Justice Naeem Anwar and Justice Kamran Hayat, nullified the KP government’s orders about the transfer of the controller of examinations of Kohat BISE back to its parent department and the appointment of Principal Roohullah Jan in his place.

The court issued a short order and remarked that a detailed judgment would be released later, but both notifications have been declared void.Khalid Rehman advocate, the petitioner Malik Maqsood Anwar’s lawyer informed the court that his client was an assistant professor in Higher Education, serving in grade 18, who was appointed as controller of examinations at the BISE, Kohat, on June 8, 2022, for a three-year term. He pleaded that his client had diligently performed his duties.

The lawyer argued that on March 14, his client was repatriated to his department and Principal Roohullah Jan was appointed as controller, which was unjustified. He said that matriculation examinations had already been conducted and FA/FSc examinations were about to begin, with over 100,000 students participating.

The exam papers, he contended, had been prepared under the petitioner’s supervision, making it a sensitive matter. Any transfer at this stage would be inappropriate and could impact the integrity of the examinations.

He also cited several higher judiciary rulings, saying that a government employee on deputation cannot be transferred before the completion of their deputation term. Moreover, he claimed political motives were behind his client’s transfer, pointing out that the KP government had allowed the controller of examinations of Abbottabad Board to continue his duties despite completing his term due to ongoing exams, whereas the petitioner was removed on political grounds.

Additional advocate general told the court that all actions were taken in accordance with the law and that the provincial government has the authority to repatriate any officer on deputation. He assured that the exams would not be affected, and the new appointment was also legal, urging the court to dismiss the petition.However, the court declared both the transfer and new appointment orders null and void.