KARACHI: The Sindh High Court (SHC) on Thursday directed the provincial chief secretary to constitute within 15 days an inquiry commission to take stock of the illegalities committed in the appointment process of the Combined Competitive Examination in 2003, to probe how incompetent or unsuccessful candidates were appointed and deserving candidates were declared failed.

A two-judge bench, headed by Justice Mohammad Ali Mazhar, issued these directives in a judgment passed in a set of identical petitions challenging the results of the Combined Competitive Examination 2003 notified on April 10, 2004.

The petitioners, who claimed to have participated in the examination, stated in their petitions that some serious irregularities and illegalities were committed in the examination and due to sheer favouritism, the blue-eyed candidates were declared as successful while many successful candidates were declared failed.

The court directed the top provincial bureaucrat to notify the senior member of the Sindh Public Service Commission, secretary of the services, general administration and coordination department (SGA& CD) and law secretary to be members of the commission that would be set up in the office of the secretary of the SGA&CD.

According to the terms of reference, the commission will examine the entire competitive examination 2003 process and also summon the relevant record, including the inquiry report and recast result.

The commission will also summon all the petitioners, private respondents, including those who have filed applications to implead them in the petitions either to support or oppose and the persons who participated in the process and declared successful, but not made party to the aforesaid petitions.

The commission will also vet the list of successful candidates so that equal opportunity should be provided to all concerned persons. It will provide ample opportunity of hearing to all concerned.

The first date of inquiry will be communicated in writing at least 10 days before the first inquiry session.

The court ordered that the inquiry commission should take stock of illegalities committed in the appointment process of 2003 competitive examination that how incompetent or unsuccessful candidates were appointed and deserving candidates were declared failed.

The commission will submit a comprehensive report with practicable and rational recommendations to the competent authority.

The commission would conclude the proceedings within six months and law secretary would submit the report duly signed by all the members of the commission to the chief secretary of Sindh.

The court ordered that the competent authority should consider the recommendations and pass necessary orders, within one month, without any discrimination or favour or bias and communicate the outcome to all concerned.

However, no adverse action should be taken against any person without serving show-cause notice and providing a fair right of personal hearing, it added.

The bench also impleaded those, who had moved separate applications under the Order 1 Rule 10 Civil Procedure Code, to become party in the above petitions and directed the petitioners to file amended titles of the petitions concerned.

The bench directed the chief secretary to file a compliance report through the Advocate General’s Office.

Published in Dawn, February 14th, 2020