Test and interviews of CCE 2013 set aside: SC asks government to appoint person of integrity as SPSC head

Setting aside Sindh Public Service Commission's test and interviews of Combined Competitive Examination (CCE) 2013 Monday, the Supreme Court issued directives to the provincial government to appoint a person of integrity and competence as a new chairman of the SPSC within two weeks.
A three-judge bench led by Justice Amir Hani Muslim Hani had reserved a judgement while hearing a suo motu case in response to application of a lawyer Muhammad Junaid Farooqui, challenging the eligibility of the chairman and eight members of the SPSC on the grounds that they did not possess the required qualification for the posts.
In order to ensure the credibility of the SPSC and the integrity of the selection process, the apex court asked the concerned authorities to appoint a person of integrity and competence under the stipulated qualification for appointment as chairman. The concerned authorities were also asked to fill vacant slots of the members of the Commission through persons of integrity and competence in accordance with prescribed qualification within four weeks.
On Monday, announcing the verdict in the matter, a member of the bench Justice Mazhar Alam Khan Miankhel disposed of the suo motu and ruled that in view the large scale illegalities/discrepancies committed in the written tests and interviews of CCE-2013, the same are set aside and cancelled.
However, the bench said, "The screening tests results are not cancelled." The court said in its verdict that fresh written tests for CCE-2013 for the posts as advertised be held as soon as possible after the appointment of the chairman and members of the Commission, besides verification of the credentials of the existing/remaining members.
The judgement said, "As many as 2,813 candidates who had earlier taken the written tests of CCE-2013 for the 182 posts be permitted to take the fresh written tests even if in the meanwhile they have crossed the stipulated upper age, and without requiring payment of any additional fee/charge."
The court asked the SPSC to make it sure that marks of written tests are publicly displayed on the Commission's website, notice board in its premises and in Urdu, English and Sindhi newspapers, one each. "Disclosure should be made of the marks obtained in each subject as well as the cumulative total against the candidates' roll numbers. All those who obtain the prescribed minimum passing marks in the written tests must be invited for the interview," the verdict said.
The judgement further said that marks allocated for the interview must be allocated to the interviewers equally; however, to avoid a fraction the chairman, or in his/her absence, the senior most member shall have the higher mark rounded off to avoid a fraction. "The Commission shall keep a separate record of the marks awarded by each interviewer and each interviewer should sign and date the same as well as the combined results. The written tests, their checking/marking, interviews and display of results be completed as soon as is practicable since the matter pertains to CCE-2013," the verdict said.
The court said in its verdict that candidates should be selected for all the advertised posts, unless they don't pass the written tests and the interview, adding that the candidates who are selected by the Commission should be offered appointment by the government as per applicable law, and if any candidate declines, the candidate who is next on the merit list be offered the same.
Issuing directives to the provincial government, the apex court said that in future the government should provide a list of existing vacancies, which should include a list of posts that may become vacant in the foreseeable future and a list of new posts to the Commission every year and by a specified date.
The verdict added that upon receipt of such lists, the Commission should start making arrangements for holding of competitive examinations, and for the current year 2017 the said lists should be provided by the government to the Commission within sixty days. It said that upon receipt whereof the Commission should invite applications from interested individuals by placing advertisements, which should also clearly stipulate the legally mandated reserved seats, including those for women and persons having physical disabilities.
The apex court issued directives to its office to return the SPSC all the material pertaining to the test papers, results and any other material submitted to the court in the matter in hand. The bench acknowledged the effort of Muhammad Junaid Farooqui in the matter.