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 both federal and provincial levels, emphasising that recruitment processes must be transparent, fair, and merit-based.
The court, while hearing a case related to Class-IV appointments at the DHQ Hospital Karak, set aside a decision of the Peshawar High Court (PHC) for being beyond jurisdiction and declared all appointments illegal.
According to the detailed written judgment, the FCC observed that public recruitment is intrinsically linked to fundamental constitutional rights, and that citizens could only be granted their rightful access to public employment when the hiring process is conducted in a transparent and equitable manner.
The judgment further stated that any deviation from prescribed recruitment criteria not only constitutes a violation of the Constitution but also undermined public trust in the governance system.
The court noted that even lower-grade positions such as naib qasid, sanitary 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 accountable before Almighty for misuse of their powers, adding that salaries paid to employees come from the national exchequer, not from personal resources of officials. Failure to select deserving candidates amounts to a breach of public trust and denial of rightful opportunity.
The court declared all recommendations made by the first and second selection committees, as well as the appointment orders, to be illegal and void. It 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 registrar (judicial). It also directed that immediate departmental action be initiated against officials responsible for negligence.
It is worth mentioning that the advertisement for Class-IV vacancies at DHQ Hospital Karak was issued in February 2020, following which the PHC had granted a stay order against the recommendations of the selection committee.
