Appointment. Photo: Archive
ISLAMABAD:
The Federal Constitutional Court (FCC) has ruled that, according to the Constitution, every citizen has the fundamental right to equal access to employment in the public sector, both at the federal and provincial levels, emphasizing that hiring 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 being out of jurisdiction and declared all the appointments illegal.
According to the detailed written ruling, the FCC noted that public recruitment is intrinsically linked to fundamental constitutional rights, and that citizens could only be granted legitimate access to public employment when the hiring process is carried out in a transparent and equitable manner.
The judgment further stated that any deviation from the prescribed procurement criteria not only constitutes a violation of the Constitution but also undermines public confidence in the governance system.
The court noted that even lower grade posts such as naib qasid, sanitation workers and watchmen require utmost care and integrity in appointments as these posts, despite lower educational requirements, are a “sacred trust”.
The FCC held that appointing authorities are responsible to the Almighty for abuse of their powers, adding that salaries paid to employees come from the national treasury, not from officials’ personal resources. Failure to select deserving candidates amounts to a violation of public trust and a denial of legitimate opportunities.
The court declared all the 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 strictly in 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 secretary (judicial). He also ordered that immediate departmental action be initiated against the officials responsible for negligence.
It is worth mentioning that the advertisement for Class IV vacancies in DHQ Hospital Karak was published in February 2020, following which the PHC granted a suspension order against the recommendations of the selection committee.
