KARACHI, Dec 4: The Sindh High Court issued the provincial public service commission a notice on Thursday in a petition alleging marks tampering by it.

Petitioner Muhammad Saleem Shaikh submitted through Advocate Muhammad Nawaz Shaikh that he applied for a post advertised by the Sindh Public Service Commission from urban quota in 2003 and appeared in a written test and in a viva voce conducted by it in 2004. The commission selected 77 candidates for the posts of section officer, deputy district officer (revenue), assistant director (labour) and assistant co-operatives registrar in grade 17, assistant food controllers and labour officers in grade 16.

The list of successful candidates did not mention the marks obtained by them.

Though the fee paid by him and other candidates included charges for marks certificates, the commission did not send them any certificates. He applied for a certificate on payment of Rs250, according to which he secured 525 out of 900 marks in the written test and 201 out of 250 in the viva voce. He claimed that having received 726 out of 1150 marks, he was entitled to a job.

However, the petitioner claimed, he came to know of serious irregularities that adversely affected his selection prospects. The marks of one of the candidates in the subject of Sindhi literature, for instance, were revised upwards from 91 to 143 out of 150 marks.

Among the selected candidates were sons of the then SPSC chief, Muhammad Hassan Bhutto, services and general administration department secretary Hashim Leghari and revenue secretary Abdul Ghaffar Soomro; daughter of a special banking judge; and brother of additional chief secretary Ghulam Sarwar Khero.

A division bench comprising Justices Khilji Arif Hussain and Ghulam Dastgir A. Shahani issued the commission a notice for January 18, 2009.

The bench, meanwhile, disposed of a contempt plea moved by Maula Bux Khatan, who said the court order for consideration of his case for promotion to grade 21 had not been complied with by the provincial government.

Assistant advocate-general Adnan Karim Memon produced a notification saying that the petitioner had been promoted to the post of provincial secretary in grade 21 along with Rasool Bux Phulphuto.

In another petition by 28 low-grade employees of the culture department, the AAG justified their summary removal from service because they were recruited after the announcement of the election schedule and also because they were dismissed during the probation period. He cited a Supreme Court judgment holding that an employee on probation could be removed without being assigned any reason.

The petitioners’ counsel, Ghulam Mustafa Veenjhar, contested the view and argued that due process of law must be followed even in dealing with the services of probationary workers. Further hearing was adjourned to Dec 15.

Alleged violators called

Justice Munib Ahmed Khan, meanwhile, summoned directors of M/s Associated Consultants and Engineers on Dec 19 for continuing to carry out commercial activities on a residential plot (No 18-A) in the MA Jauhar Co-Operative Housing Society in persistent violation of court orders.

Advocate Amir Aziz Khan submitted on behalf of the residents of the housing society that the respondents, a big construction firm employing about 120 people, were violating the court’s restraint orders against commercial activity on a residential plot in a residential neighbourhood. The judge ordered the respondents to appear in person.

Bail for doctor

Chief Justice Anwar Zaheer Jamali, meanwhile, granted protective bail to Dr Khalid Hasan Mazari, health officer, Rahimyar Khan, for 10 days in the sum of Rs100,000. He is alleged to have killed Abdul Sattar Mazari at Obaro, Ghotki district, by hitting him with butts of his Kalashnikov rifle over a land dispute.

Advocate Abdul Wahab Baloch, the applicant’s counsel, submitted that the deceased Sattar Mazari was a heart patient and his death occurred due to a severe heart attack. However, the complainant party did not agree to the post mortem examination. He wanted to surrender before the trial court at Ghotki and seek bail. The applicant should be admitted to protective bail in order to appear before the trial court, the lawyer requested.

Justice Qamaruddin Bohra allowed bail to Mohammad Khalid Qureshi, who is facing trial for murder and for keeping explosive material in his house, in the sum of Rs200,000. According to the complainant, the next door neighbour of the accused, explosives stored by him in his house exploded on Sept 18, 2006, killing his nine-year-old son and injuring three other children.

Advocate Saathi M. Ishaq submitted on behalf of the accused that he had already undergone over two years of imprisonment and further incarceration would amount to punishment before conviction. Besides, there was no eye-witness in the case and no direct role or motive or even intention had been assigned to him.