PESHAWAR: The Peshawar High Court has issued a stay order temporarily stopping the provincial government from removing chairpersons of the Kohat, Bannu and Dera Ismail Khanboards of intermediate and secondary education and sought its response to a petition against the process initiated for the purpose.

A bench consisting of Justice Shakeel Ahmad and Justice Wiqar Ahmad also stopped the government from replacing the Bannu BISE’s controller (examinations).

It was hearing a petition jointly filed by board chairpersons Samina Altaf of Kohat, Arshad Ali of Bannu and Ihsanullah of Dera Ismail Khan and Bannu board controller (examinations), who challenged the process initiated by the provincial government for their removal.

They requested the court to declare illegal the selection process started by the government for the chairmen’s appointment to the three boards.

Replacement of Bannu BISE’s controller also stayed

The petitioners also sought interim relief from the court requesting it to restrain the government form continuing with that appointment process and replacing them.

The respondents in the petition are the controlling authority of education boards through the special secretary to the chief minister, provincial government through the chief secretary and secretary elementary and secondary education.

The counsel for petitioners, Khalid Rahman, contended that the caretaker provincial government had overstepped its powers provided under the Constitution and the Elections Act, 2017, by starting the process of removing petitioners.

He said the four petitioners were senior academicians serving in BPS-19 and their performances were outstanding during their career.

The lawyer said the posts of the chairman of the three boards were lying vacant and therefore, the process started for filling the same under sections 12(8) and 14(1) of the Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act, 1990.

He said the petitioners being senior academicians with appreciable service were called through a search and nomination committee for interviews in Feb 2022.

The counsel said that after a long and cumbersome process, the petitioners were recommended for appointment to the competent authority and consequently a summary for their appointments as chairmen and controller of examination were processed for the approval of the controlling authority (chief minister).

He added that the petitioners were appointed on merit through notifications issued on June 21 and March 11, 2022, after observing all legal formalities.

The lawyer said the chairmen were appointed for a period of two years, whereas the controller was appointed for a period of three years.

He said with the appointment of the caretaker provincial government, the political high-ups started adjustments of their favourites in the government departments.

Mr Rahman contended that although the Election Commission of Pakistan (ECP) had imposed a ban on recruitments, the ban was not taken seriously by the government.

He argued that the government illegally began the process of replacing petitioners and recruiting those recommended by political figures.

The lawyer said the government got NOC from the ECP for the process in the garb of posting and transfers.

He contended that the ECP was misled and kept in the dark by the government as the replacement of the petitioners was not postings and transfers rather it was their removal and replacing them with others through recruitments.

Mr Rahman argued that the petitioners had been appointed on tenured posts under the law, which should be respected by the government.

Referring to a SupremeCourt judgement, the counsel contended that it had ruled that a caretaker government was empowered only to carry out day-to-day affairs of the state with the help of available machinery, resources and manpower and it could not take any policy decision and permanent measures, including recruitments, making appointments, transfers and postings of government servants.

He added that the apex court had ruled that the caretaker government must leave such matters to the elected government, which took charge as a result of the election.

Published in Dawn, April 21st, 2023