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Public Service Recruitment must be transparent and Merit-Based to maintain Public Trust and ensure Fairness --- Supreme Court of Pakistan

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Public Service Recruitment must be transparent and Merit-Based to maintain Public Trust and ensure Fairness --- Supreme Court of Pakistan

Islamabad 01-11-2024: The Supreme Court of Pakistan has struck down the Sindh Public Service Commission (SPSC) recruitment process for Assistant Conservator Forests (BPS-17) due to significant procedural violations. The judgment mandates a fresh advertisement for the positions to ensure transparency and adherence to established recruitment regulations.

The case centered on allegations that the SPSC deviated from its advertised terms, unfairly favoring specific candidates. Initially, two vacancies for Urban applicants were advertised, but changes were made to the quota distribution, the number of posts, and the age limit without re-advertisement. The Court found this approach contrary to the Sindh Public Service Commission (Recruitment Management) Regulations, 2006, which require re-advertisement of positions when substantial changes are made.

Citing precedent cases, including Munir Hussain vs. Province of Sindh (2022 SCMR 650) and Chief Secretary Punjab vs. Abdul Raoof Dasti (2006 SCMR 1876), the Court reiterated that public service recruitment must be transparent and merit-based to maintain public trust and ensure fairness. In its judgment, the Court noted, “The appointment process must be transparent, ensuring that only competent individuals are allowed to serve, rather than those who are incompetent and unskilled”

Additionally, the Court criticized the excessive age relaxation policy, which extended the upper age limit by 15 years. The Court found this extension, enacted without adequate justification, to be disproportionate and financially burdensome on the government. The Chief Secretary of Sindh acknowledged this policy's potential fiscal impact, and the Court ordered the relevant notifications allowing this relaxation to be struck down.

The judgment emphasized the importance of limiting discretionary powers in public recruitment, warning against arbitrary decisions. It highlighted that procedural changes in recruitment processes without due diligence and public notice undermine the integrity of the SPSC and erode public confidence.

The Court has directed the SPSC to re-advertise the positions, allowing all interested candidates a fair opportunity to apply. This decision reinforces the judiciary’s commitment to uphold transparency, fairness, and merit in public service recruitment, setting a precedent for future cases involving administrative irregularities.