2252/2019 Const. P. Amara Gohar & Others (Petitioner) V/S FED Of Pakistan & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author), Hon'ble Mr. Justice Muhammad Saleem Jessar(Author)
Order Date: 03-JUN-21
Having come to the irresistible conclusion that, when (a) the framers of the Constitution consciously chose to abstain from making provisions for mandatory creation of Public Service Commission; (b) the Chief Minister of Sindh having no powers to appoint Chairman and Members of the Commission under Rule 5(ii)/Schedule-III/Entry(3) of the Sindh Government Rules of Business 1986; (c) the appointments of Chairman and Members of the Commission made under Rule 5(2) and (3) of Sindh Public Service Commission (Appointment of Chairman and Member) Rules 2017 being violative of the Rules of Business and made with utter disregard to the maintenance of political neutrality of the Commission; (d) No right to appeal having been provided to an aggrieved person; (e) Chairman and Members having taken no oath of office; (f) function of Examination of candidates restricted to Testing and then narrowed down to Interviewing under the Sindh Civil Servants (Functions) Rules, 1990 being ulta vires to the provisions of 1989 Act; (g) no Annual Reports as required by Section 9(1) of the Act, 1989 having been made available to the Public; (h) no data having been made available with regards advice refusal of the Commission under Section 8 of the Act, 1989 then how could one expect that any legit and useful fruit could be borne by this skewed and merit-throttling recruiting process; thats why Courts are kept engaged by Commissions Members and operatives constantly on a permanent basis since inception of the Commission in the year 1989 when the said Act was enacted for no Constitutionally compelling reasons in the presence of Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974; the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975; the Sindh Civil Servants Act, 1973 and half a dozen alike laws/rules; and whereas, the Province (to a great extent) had been well served by honest, qualified and motivated civil servants before 1989 when this institution in its present form was born - according to one view, to serve as one window facility to foster whole-sale corruption, has lost every shred of legitimacy and ought to be brought to a nullity in its present formFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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