Failed candidates recruitment process JMs (BS-21): IHC orders FPSC chairman to disclose merit details

ISLAMABAD: Islamabad High Court (IHC) has ordered the Chairman Federal Public Service Commission (FPSC) to disclose the merit details of failed candidates in the recruitment process for Judicial Members (BS-21) at the Appellate Tribunal Inland Revenue, Pakistan.

It is reliably learnt that this landmark ruling came after the IHC dismissed the writ petition filed by Chairman FPSC, which had challenged another order passed by the Pakistan Information Commission (PIC).

Sources informed that the controversy began with an information request filed by Waheed Shahzad Butt, Advocate, who sought records related to certain FPSC recruitment cases involving appointment of Judicial Members at ATIR, Pakistan.

FPSC refused to provide information on the plea of secrecy of data. Quite amazingly citing some internal Circular and Sections 7(g) and 7(h) of the Right of Access to Information Act, 2017. The FPSC argued before PIC that disclosing such information would violate candidates’ privacy, as it could be considered personal data. Making a mockery of law, despite the fact PIC firmly rejected the stance of FPSC also in review application and reaffirmed its earlier order in favor of the citizen, Waheed Shahzad Butt, FPSC did not provide the information but challenged the PIC stand before IHC though writ petition.

IHC dismissed the FPSC’s petition, reaffirming that the information sought by the respondent no. 3 (Waheed Shahzad Butt) concerned merit-related details, such as candidates’ test scores and the evaluation process, rather than personal data. The court made it clear that the request did not encompass private information like CNIC numbers, phone numbers, or family details. It emphasized the critical importance of transparency in public recruitment processes to foster accountability and public trust.

IHC directed the FPSC to comply with the PIC’s order and provide the requested merit-related information to the appellant within ten days. The court also reiterated the necessity for the FPSC to adhere to the transparency mandates outlined in Sections 5 and 9 of the Right of Access to Information Act.

Transparency in the working of the governments is the essence of the enactment. Its spirit is to ensure that the people have access to the records held by the federal public bodies for making the government accountable to the people. This practice would improve the participation of the people in the public affairs aimed at reducing corruption, nepotism, misuse of authority and inefficiency in the governance, PIC order added.

Copyright Business Recorder, 2024