SC sets aside Sindh competitive exams of 2013

Orders appointment of new chairman, members of commission

ISLAMABAD: The Supreme Court (SC) on Monday set aside the competitive examinations conducted by the Sindh Public Service Commission (SPSC) in 2013 and issued directives for the appointment of new chairman and members of the commission.

A three-member bench of the apex court, headed by Justice Ameer Hani Muslim, announced a reserved judgment in the suo moto case against large scale illegalities committed by the SPSC chairman, members and officers.

The judgment authored by Justice Qazi Faez Isa ruled that in view of large scale illegalities, discrepancies committed in written tests and interviews of Combined Competitive Examinations (CCE 2013) the same were set aside and cancelled.

The court, however, clarified that the screening test results were not cancelled/set aside.Fresh written tests for CCE-2013 for the posts as advertised be held as soon as possible after the appointment of the SPSC chairman and members after the verification of the credentials of the existing/remaining members, says the judgment.

The judgment ruled that those who participated could not be blamed for the fault of the government and the commission.The inordinate delay by the commission in finalising the matter may have caused some to exceed the maximum age thereby preventing them from applying again for another competitive examination that is advertised and many may also be financially constrained to bear additional fee/charge, says the verdict.

At the same time, the court ruled that those who obtained an illegal advantage could not be permitted to retain it.“Therefore, balancing the lawful and genuine concerns of the successful candidates, ensuring the credibility of the commission and the integrity of the selection process, we dispose of this matter,” says the verdict.

The court ordered for appointment of new chairman of the commission as well as its members with the ruling that a person of integrity and competence who meets the stipulated qualification for appointment as chairman of the commission be appointed in terms of Article 242 (IB) of the Constitution within two weeks from the date of the announcement of this judgment.

The court further directed to ensure that all members of the commission should meet the prescribed qualification and persons of integrity and competence possessing the prescribed qualifications should be appointed against the vacant positions of members of the Commission within four weeks of the announcement of this judgment.

The court ruled that only the 2,813 candidates who had earlier taken the written tests of CCE-2013 for the 182 posts be permitted to take the fresh written tests even if, in the meanwhile, they had crossed the stipulated upper age, and without requiring payment of any additional fee/charge.

When the papers of the written tests are sent for checking/marking the identity of the candidates must be kept anonymous/secret, says the verdict adding that the marks of the written tests should be publicly displayed on the commission’s website and on the notice board on its premises and in one Urdu, English and Sindhi newspapers, disclosure should be made of the marks obtained in each subject as well as the cumulative total against the candidates’ roll numbers.

All those who obtained the prescribed minimum pass marks in the written tests must be invited for the interview. The court directed that the marks allocated for the interview must be allocated to the interviewers equally, however, to avoid a fraction the chairman, or in his/her absence, the senior most member shall have the higher marks to avoid fraction.

The commission shall keep a separate record of the marks awarded by each interviewer and each interviewer should sign and date the same as well as the combined results, according to the verdict.

The court directed that results of the interview should be displayed on the commission’s website and on the notice board on its premises and in one Urdu, English and Sindhi newspapers. Similarly, the court ordered that the written tests, their checking/marking, interviews and displays of results be completed as soon as was practicable since the matter pertained to CCE-2013.

The court directed that candidates should be selected for all the advertised posts, unless they did not pass the written tests and the interview and the candidates who are selected by the commission should be offered appointment by the government as per applicable law, and if any candidate declined, the candidate, who is next on the merit list be offered the same.

In future the government should provide a list of existing vacancies, which should include a list of posts that may become vacant in the foreseeable future and a list of new posts of the commission every year and by a specified date, says the verdict.

The court directed that upon the receipt of such lists the commission should start making arrangement for holding of competitive examinations, for the current year 2017 and the said lists should be provided by the government to the commission within 60 days. 

The court ordered that the commission upon receipt, should invite application from interested individuals by placing advertisements, which should also clearly stipulate the legally mandated reserved seats, including those for women and persons having physical disabilities.