PHC asks CM, others to comply with court orderBy

Mardan board appointment

PESHAWAR: The Peshawar High Court (PHC) on Wednesday asked the chief minister Khyber Pakhtunkhwa and other officials to comply with the court order about appointment of controller of examination at the Board of Intermediate and Secondary Education Mardan on promotion basis, or else contempt of court charge would be framed against them during the next hearing.

A division bench comprising Justice Waqar Ahmad Seth and Justice Younas Thaheem issued the notice to the respondents including Chief Minister Pervez Khattak, who is controlling authority of the Board of Intermediate and Secondary Education Mardan, secretary Intermediate and Secondary Education and chairman BISE Mardan.

During hearing, Waqar Ahmad Khan, additional advocate general, submitted that in compliance with the court decision, the government had withdrawn the notification of Mohammad Ali as controller examination, BISE Mardan, who was appointed as controller on deputation against the court’s decision.

He informed the court that the appointment would be made as per the court’s decision, but it would take some time.

The court directed the respondents to implement the court’s decision till November 1, or else face the contempt of court charges.

The bench was hearing a contempt of court petition filed by Rashid Gul, an assistant secretary at Mardan BISE, through his lawyer Muhammad Isa Khan.

The lawyer pointed out before the bench that the high court on May 13, 2015 allowed the writ petition and directed the respondents to appoint the controller of examination on the basis of promotion within the board employees.

“We have given deep consideration to the continuous and consecutive appointment of outsiders on deputation basis by the controlling authority. We are of the view that the controlling authority has acted arbitrarily, while appointing the outsiders against the post to be filled in from amongst the fulltime salaried officers of the board,” the high court verdict stated.

The court decision added that the conduct of the controlling authority in this respect was unlawful and unjust and directed authorities to fill the post on promotion basis, rather appointing outsiders on the post.

The lawyer submitted that the petitioner approached the department for compliance of the order by filing various correspondences, but no action has been taken so far.

Isa Khan submitted that since 2001, when the board was established, the controlling authority was appointing outsiders as controller of examination and deprived the employees of the board from the promotion to the post, which is an illegal act.

He submitted that after the court’s decision, the government de-notified the controller examination Shaukat Hayat, but the controlling authority appointed him on higher position as chairman, BISE Mardan.

However, Abdul Latif Afridi, counsel for the respondent, submitted that the Supreme Court in its decision had clearly stated that he should also be considered along with other applicants for the post and thus he was appointed as chairman Mardan BISE after proper procedure.

The court observed that now the high court had given a fresh decision in the matter and if the BISE Mardan chairman by the aggrieved on the decision, he can again challenge it in the Supreme Court.