HYDERABAD, March 9: A division bench of the Sindh High Court, Hyderabad circuit bench, on Thursday restrained the Sindh chief secretary, secretary health and the Sindh Public Service Commission from making any appointment of doctors on contract basis till March 28.

The court also issued notices to these officials and the additional advocate-general, Sindh, on a constitutional petition, filed by five doctors through Advocate Ejaz Hakro.

The petitioners included Dr Aijaz Shaikh, Dr Mumtaz Ali, Dr Rehmatullah, Dr Asghar Shah and Dr Allah Nawaz Abbasi.

According to the petitioners, the health department had sent a requisition for appointment of 761 medical officers including women in B-17 in the health department for filling 579 vacancies.

According to requisition, vacancies were to be filled from quota of 60 per cent from rural and 40 per cent form urban and qualification for appointment required a degree in medicine and surgery from the recognised university and registration with the Pakistan Medical and Dental Council (PMDC).

The petitioners applied for posts, found to be eligible and qualified for post of medical officer.

They appeared in a written test of the SPSC and result of pre-interview written test conducted by the commission for recruitment of medical officers was declared through publication dated February 1, 2006.

On February 2, the Sindh chief minister ordered pre-interview written test/examination conducted by the SPSC for post of medical officers announced on February 1 as null and void on the ground that complaints were received alleging involvement of the SPSC lower staff in large scale irregularities and manipulations in above written test.

Fresh holding of examination was ordered and written tests were conducted in transparent manner and an inquiry committee was formed to probe affairs and submit findings at the earliest.

The SPSC denied issuance of such notice by the chief minister as well as corruption charges and notified that it was not possible to take another pre interview written test for doctors.

It was also published in newspaper that 9,650 candidates appeared in written test for recruitment of 700 medial officers, out of which 1,672, had passed the test and 7,978 declared failure.

It was notified that only the governor was competent to return SPSC’s recommendations as the CM has no power.

The petitioners quoted a news of CM’s spokesman that result of written test of medical officers would be invalid till submission of inquiry report.

The petitioners said that the CM directed secretary SPCS to submit inquiry report without delay.

Quoting news, the petitioners said that respondents decided to recruit 1,300 doctors, health specialists in B-17 and B-18 against vacant posts on contract basis while regular appointment was deferred for the time being.

Appointment under contract system would be for one year with possibility of extension of another three years and test of successful candidates would be recommended for the job of four member committee without involving the SPSC.

They said the chief minister directed the health department to withdraw requisition pertaining to appointment of 700 doctors and later re-advertise vacancies to be filled with contractual practitioners.

The petitioners said that above action of respondents declaring test as void was illegal and malafide adding that the action of respondents for constituting appointment committee for recruitment of doctors on contractual basis for one year extendable for another three years without involving the SPSC was illegal and based on political influence.

They maintained that actions of the chief minister for deferring appointment on the regular basis through the SPSC and contract appointments for one year through committee were based on political consideration and had no legal effect.