The Public Office Appointments must comply with Advertised Terms, Statutory Provisions, and Constitutional Guarantees to maintain Public Trust --- Islamabad High Court (IHC) Voids Appointment of PARC Chairman
Islamabad 16-01-2025: The Islamabad High Court (IHC), in a landmark decision, has set aside the appointment of Dr. Nasir Mehmood Cheema as Chairman of the Pakistan Agricultural Research Council (PARC). The Court ruled that the appointment violated transparency principles and disregarded the tenure explicitly mentioned in the advertisement for the position.
Mr. Justice Babar Sattar, delivering the judgment, emphasized that the tenure of two years, as stated in the advertisement inviting applications for the Chairman’s post, was binding. The Court found that extending this tenure to three years after the appointment was illegal and contravened the principles of fairness and transparency. The Court further highlighted that altering the terms of appointment post-recruitment undermines the rights of other candidates who might have been eligible under the advertised terms.
The judgment also noted procedural irregularities in the selection process, specifically the failure to adhere to the Management Position Scales Policy, 2020 (MP Scales Policy). The Scrutiny and Selection Committees, tasked with shortlisting candidates, were not constituted as per the policy, further invalidating the process.
The Court clarified that the President of Pakistan, when appointing the Chairman under Section 9 of the Pakistan Agricultural Research Council Ordinance, 1981, acts on the advice of the Prime Minister as required by Article 48 of the Constitution. This contradicts the Respondents’ claim that the President acted as an independent authority (persona designata).
The Court reiterated its role in ensuring transparency and fairness in public appointments, rejecting arguments that such matters are beyond judicial review. Mr. Justice Babar Sattar emphasized that public office appointments must comply with advertised terms, statutory provisions, and constitutional guarantees to maintain public trust.
The Court declared the position of Chairman PARC vacant and ordered Respondent No. 6 to vacate the office immediately. The federal government was directed to initiate a fresh and transparent recruitment process to fill the position in accordance with the PARC Ordinance and principles of fairness and due process.
