MQM challenges recruitment process in Malir Development Authority

The Sindh High Court (SHC) on Friday issued notices to the Malir Development Authority (MDA), Sindh Testing Service and others on a petition against the recruitment process with regard to appointments of grade 17 posts in the MDA. The court, however, made clear that the recruitment process was subject to the outcome of the petition as far as appointments in grade 16 and above were concerned.

Petitioner Khwaja Izharul Hasan, a Muttahida Qaumi Movement-Pakistan (MQM-P) leader and member of the Sindh Assembly, had submitted in the petition that the MDA had issued an advertisement inviting applications for different posts in grade 1 to 17 on a regular basis.

He submitted that the impugned advertisement was in violation of the court orders and initial recruitment policy whereby the high court had already issued directions to the MDA with regard to appointments in grade 16 and above that all such appointments shall be made strictly in accordance with the law settled by the Supreme Court.

The MQM-P legislator submitted that the MDA fell within the jurisdiction of the Karachi division and hence the authorities were bound to follow the complete regional quota for Karachi. He argued that authorities could not be allowed to bypass the same and deprive the people of the area from getting employment in their own organisation.

He submitted that no department or authority in the province could be allowed to bypass or supersede the Sindh Recruitment Policy which was protected under the Article 27 of the Constitution.

The petitioner submitted that the MDA had appointed the Sindh Testing Service, which was an autonomous body of the Sindh government, for conducting recruitment process which was entirely illegal and unconstitutional. He submitted that the aforesaid process ought to have been initiated under the recruitment policy, under which appointments in grade 1 to 15 had to be made on the regional quota basis of the Karachi region.

He added that appointments in grade 16 and 17 ought to have been made through a competitive process which was not being ensured in the entire process. Hasan referred to an SHC order on October 16, 2020, in which the high court had declared that the MDA had misused its authority by making recruitment against the subject posts without adopting the codal formalities required under the law.

The petitioner maintained that MDA officials were attempting to fill the posts of grade 16 and 17 without following the procedure under the law for filling up such posts on merit through a competitive process of the Sindh Public Service Commission and dictum laid down by the Supreme Court.

He submitted that the Sindh Testing Service had no experience of conducting such recruitment process and requested the SHC to restrain the MDA from conducting such recruitment process. After the preliminary hearing of the petition, the SHC observed that to appreciate as to whether the MDA had adhered to the orders of the court and based on grounds raised by the petitioners to halt the recruitment process, the court was issuing notices to the MDA, Sindh Testing Service and others for April 29.

In the meantime, the SHC made it clear that the recruitment process was subject to outcome of the petition as far as the appointments in grade 16 and above were concerned.