Appointment. Photo: File
ISLAMABAD:
The Federal Constitutional Court (FCC) has ruled that under the Constitution, every citizen has the fundamental right to equal access to public sector employment at the federal and provincial levels, emphasizing that recruitment processes must be transparent, fair and based on merit.
The court, while hearing a case related to Class IV appointments at DHQ Hospital Karak, set aside a decision of the Peshawar High Court (PHC) for excess of jurisdiction and declared all the appointments illegal.
According to the detailed written judgment, the FCC observed that public recruitment is intrinsically linked to fundamental constitutional rights and that citizens can only obtain their rightful access to public employment when the hiring process is conducted in a transparent and fair manner.
The judgment further states that any deviation from the prescribed recruitment criteria is not only a violation of the Constitution but also undermines public confidence in the system of governance.
The court noted that even low-ranking posts, such as those of naib qasid, sanitation workers and watchmen, require utmost care and integrity in appointment, as these posts, despite having lower educational requirements, constitute a “sacred trust”.
The FCC held that appointing authorities are accountable to the Almighty for any abuse of their powers, adding that salaries paid to employees come from the National Treasury and not from the personal resources of civil servants. Failure to select deserving candidates amounts to a breach of public trust and a denial of a legitimate opportunity.
The court declared all recommendations made by the first and second selection committees, as well as the appointment orders, illegal and void. He directed the Khyber-Pakhtunkhwa government to restart the recruitment process in strict accordance with the law.
The court further ordered that the entire recruitment process be completed within 60 days and a compliance report be submitted to the Deputy Registrar (Judicial). He also ordered that immediate departmental action be taken against officials responsible for negligence.
It is worth mentioning that the advertisement for Class IV vacancies at DHQ Hospital Karak was published in February 2020, following which the PHC granted a stay order against the recommendations of the selection committee.
