SHC objects to occasional changes to rules for Sepa chief’s appointment

The Sindh High Court (SHC) has declared that the eligibility of and the appointment to the post of Sindh Environmental Protection Agency (Sepa) director general would remain subject to the technical and professional criteria to ensure that the post continues to be held by a person possessing the requisite academic background, experience and technical expertise.

Issuing its judgment on the petitions challenging the Sepa DG’s appointment, an SHC division bench comprising Justice Mohammad Faisal Kamal Alam and Justice Sana Akram Minhas took exception to the occasional changes made by the provincial government to the rules for the Sepa chief’s appointment.

The court said that fluctuating and inconsistent sequence of actions for the Sepa DG’s appointment unmistakably demonstrates that the government has invoked and implemented the Supreme Court’s orders selectively, using them as a matter of convenience, rather than compliance.

The bench said that when it suits the government’s purpose, the SC’s orders are rendered innocuous by removing the Sepa DG post from the cadre list, thereby ensuring that its favoured officer can continue unhindered as the Sepa chief despite the SC’s clear directives.

The court said that now, with equal expedience, the same orders are being resurrected and relied upon to reinsert the post into the cadre list, seemingly to once again facilitate the appointment of an individual of the government’s choosing, rather than preferring merit, competence and due process.

The bench said that the qualifications of the appointee are designed to ensure that the Sepa DG is not merely an administrative head but also a technically skilled environmental expert capable of making informed, independent and scientifically sound decisions for the protection and sustainable management of Sindh’s environment.

The court said that environmental governance involves multidisciplinary challenges: legal, technical, social and developmental, adding that technical expertise includes, but is not limited to, education: it covers both academic qualifications and practical experience in a specialised technical field.

The bench said that the impugned notification is defective for the reason that it omits and thereby dilutes the essential academic and technical qualifications earlier prescribed for appointment to the Sepa DG post under the Original Rules 2009.

The court said that keeping the high academic qualifications intact for initial appointments while omitting any such requirement for those appointed through the impugned notification creates a clear anomaly and disparity within the same service structure.

The bench said that this incongruity not only undermines the principle of parity and fairness within the service but also erodes the technical character of the post itself. The court said that the provisions of the Original Rules 2009 relating to the prescribed qualifications, experience and method of appointment for the Sepa DG post would prevail, and must be read conjointly with the impugned notification.

The bench said that even if the impugned notification as regards the Sepa DG’s appointment is to be given effect, it must be understood as supplementary to, and not in derogation of, the Original Rules 2009.

The court said that the minutes of the meeting of the provincial selection board-I held on March 5 are silent on the subject of mandatory courses, and do not disclose the crucial fact as to whether the respondent DG fulfils the eligibility criteria and has completed the requisite courses.

The bench ordered that the appointment of the respondent as Sepa additional DG be re-examined by the government, and directed the Higher Education Commission to determine if the academic credentials of the incumbent DG and the other candidate, Ashique Ali Langah, meet the requisite recognition and qualification standards prescribed for the Sepa DG post.

The court said that after determining that, the competent authority in the government must consider and decide upon the eligibility, suitability and confirmation of the officers concerned strictly in accordance with the Original Rules 2009 and the applicable law.

The SHC said that in the meantime the existing administrative arrangements would continue without prejudice to the rights or claims of either officer until a final decision is made by the competent authority, unless any defect is found earlier in the qualification.

According to the petitioners, Sepa DG Waqar Hussain Phulpoto is not qualified to hold the post as per the eligibility criteria mentioned under Column 4 of the Original Rules 2009. They said Sepa was established with a specific object and purpose under a special statute to oversee and implement the affairs relating to environment, quality of air, water, land or noise, and thus the above rules require that the DG possess a PhD or a postgraduate degree in environmental engineering and environmental science.

They added that the incumbent DG does not fulfil the eligibly criteria, as it is not clear from the para-wise comments of the government how much time he spent in grade 17 and above, which can make him eligible for Sepa’s ADG and DG posts.

Provincial law officers laid emphasis on the SC’s order, arguing that it had expressed the view that the Sepa DG post is a cadre post in BPS-20, and had directed the government to appoint a cadre officer on the said post immediately.