The Sindh High Court (SHC) has restrained the search committee from making the final list of candidates for the post of Jinnah Sindh Medical University (JSMU) vice chancellor (VC) till further orders.
The interim order came on a petition filed by Dr Mohammad Umar Farooq challenging the formation of the search committee in absence of a chairman and shortlisting the candidates for JSMU VC.
The petitioner submitted that he had applied for the post with all the required professional documents. He submitted that the search committee meeting was to be convened under its chairman on March 16; however, the meeting was convened without the chairman of the committee who is stated to be out of country.
He informed the SHC that it had come into his knowledge through newspaper reports that the search committee had shortlisted 15 out of 30 candidates in the absence of the chairman of the committee.
He submitted that the law favoured transparency and merit in appointments in government bodies and failure of the search committee to adopt a structured criterion to assess the suitability and fitness of candidates would amount to clear violation of the constitution.
He submitted that the action of the search committee by shortlisting the candidates for the position of the JSMU VC in absence of the chairman was illegal and against the directions of the superior courts. He also sought direction for re-evaluation of the candidates for the post of VC under the supervision of the chairman mandated under the notification issued on March 15 and restrain the committee from shortlisting the candidates in absence of the search committee chairman.
A division bench of the SHC comprising Justice Irfan Saadat Khan and Justice Adnanul Karim Memon observed that the petitioner had challenged the formation of the search committee on the ground that the chairman of the committee was not available in the meeting and in absence of the chairman, the conducting of interviews by the committee would be illegal.
The high court at first instance issued notices to the universities and boards department secretary, the search committee and others for April 7 and in the meantime, ordered that the committee may conduct the interviews of the shortlisted candidates but would not make a final list in respect of the selected candidate or candidates as the case may be.
Commercial activities
The SHC has directed the Sindh Building Control Authority (SBCA) director general (DG) and the District Municipal Corporation East to comply with the court orders banning commercial activities on residential plots in the city.
The direction came on a petition of Agha Syed Attaullah seeking implementation of the court orders against the use of residential plots for commercial purposes in Gulshan-e-Zahoor.
The petitioner submitted that the residential plots No R-76 to R-86 and R-66 of Gulshan-e-Zahoor Sector 8-A were being used for commercial purposes with the connivance of respondents.
He submitted that the unlawful use of the aforesaid residential plots for commercial purposes had spoiled the residential scheme and created public nuisance, unlawful obstruction and physical discomfort in the locality.
The high court observed that the petition was disposed of on November 20, 2012 with a direction to the official respondents to ensure that absolutely no commercial activity was allowed in respect of the subject properties and also in respect of other properties within their jurisdiction, including that of the petitioner, without any discrimination at all.
The high court observed that in case, anyone engaged in the misuse of properties, appropriate action under the law should be initiated against such person.
The SHC observed that the DMC concerned had also been directed to remove the billboards installed in the area and furnish a compliance report. A counsel for the DMC East and other official respondents submitted that compliance with the order had been made and nothing was left on their part. The petitioner, however, refuted the claim of the official respondents and submitted that the orders passed by the court had still not been obeyed in their letter and spirit.
The high court directed the SBCA DG and a competent authority of the DMC East to look into the matter personally and comply the orders passed by the court in the present proceedings in their letter and spirit within two weeks, and submit a compliance report through the member inspection team-II for perusal of the court.
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