Muhammad Zubair & Others (Petitioner) VS Province of Sindh and Others (Respondent)

IN THE HIGH COURT OF SINDH KARACHI

Before :

Mr. Justice Aftab Ahmed Gorar Mr. Justice Adnan-ul-Karim Memon

Constitutional Petition No. D – 6132 of 2021

Muhmmad Zubair & two others Petitioners : Muhmmad Zubair, petitioner in person

Respondents : Mr. Ali Safdar Depar, AAG

Date of hearing & decision : 02.02.2022.

ORDER

Through this Constitutional Petition, filed Under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners have approached this Court for regularization of their service in Directorate of Human Rights, Government of Sindh, inter-alia on the ground that they are most qualified candidates having requisite qualification in the relevant field, thus their cases ought to have been considered for regularization by the Selection Committee, however, they without assigning valid and cogent reasons and scantily and vaguely did not consider their cases for regularization which action is impugned through the captioned petition before this Court.

2.Learned AAG has submitted that the petitioners are performing their duties at their own will. They were hired purely on a contract basis for a project post with the specified period, which does not confer any right for a regular appointment, however, they were relieved from the respondent-department, after completion of the contract till December 2020 on the premise that the Scrutiny Committee considered their cases but they were not recommended for regularization due to lack of qualification/unsatisfactory performance. An excerpt of the speaking order passed by the committee is reproduced as under:

“Subject: MINUTES OF MEETING OF SCRUTINY COMMITTEE NO.I HELD ON 07-09-

2020 AT PROVINCIAL LEVEL TO CONSIDER REGULARIZATION OF

CONTRACT EMPLOYEE OF DIRECTORATE OF HUMAN RIGHTS

DEPARTMENT.

The Honorable High Court of Sindh has passed the order, dated 20-03-2018 CP No.D-7122 of 2018, filed by Zamir Hussain Ujjan & Others & CP No. D-7506 of 2018. Abdul Razzaque & others versus Province of Sindh and directed to send the petitioners cases for regularization to the concerned scrutiny Committee, in accordance with Law.

After promogulation of Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. The Services, General Administration and Coordination Department, Government of Sindh has constituited Scrutiny Committee Number 01, 02 and 03 to Scrutinize the eligibility of the employees appointed on adhoc and contract basis with the TORs vide its notification dated 16-09-2014.

The Human Rights Department, when it was part of law Department recruited the employees on contract basis under the ADP Scheme No. 1205 Establishment of Human Rights Complaint Cell @ Karachi” and ADP Scheme No. 1206 “Free Legal Aid Centre at District Larkana, Ghotki, Jacobabad, Dadu and Sukkur in the year 2012

The mecting of Scrutiny Committee No.1 at Province Level (for post in BS-1 to BS-15) notified by Services, General Administration and Coordination department, Government of Sindh was held on 07-09-2020 under the Chairmanship of Secretary, Human Rights Department, Government of Sindh, Karachi. The Scrutiny Committee No.1, after thoroughly examination as per TORs, given its recommendation case to case basis show against each mentioned which is attached list:

S Name S/o Pubica Consti Recomm Avail Desig Da Dat Exte Age Ag Requir Officer/ Perfor Domi Degre Depart Scruitn Scruitn # W/o tion of tution endation abilit natio te e of ntio Req e ed Official manc cile e ment’s y y D/o Adverti of of y of n of App n uire at Qualif Holidn e Certifi Remar Comm Commi sement Select Selection appr Bir nt. upto d for the icatio g Certifi cate ks ittee ttee 02-02- ion Commit oval th App tim n Degree cate Verifi Findin Remar 2012 Com ee of nt. e ed/No gs ks mitte Com of t e peten Ap Verifi t pnt ed Auth .

ority

1 Muha Muha Daily Yes Yes Yes Naib 1/1/1 1/8/2 31/12 21- 20. Prefer Middle Attac Jacob In Not His Not 0 mma mma Dawn Qasid 99 012 /201 35 5 ably hed in abad Proce Recom contra recom 7 d d Daily 2 3 literat Person ss mende ct was mende Zubai Ibrahi Express e al file. d as no d for r m Daily per his further regular CP#D Aman unsatisf extend ization -6354 Daily actory ed of Sobah perofor after service mance 31-12-

due to unsatis factory perfor mance 1 Muha Muha Daily Yes Yes Yes Assist 1/1/1 31/7/ 31/12 21- 44 Gradu B.A Attac Sukk In Not His Not nd 0 mma mma Dawn ant 968 2012 /201 35 ate (2 hed in ur proces recom contra recom 1 d d Daily 3 with Divisio Person s mende ct was mende Yaqo Salee Express at n ) al file. d as not d for ob m Daily least from per his further regular nd CP#6 Aman 2 Shah unsatisf extend ization 354 Daily Divisio Abdul actory ed of Sobah n from Latif perfor after service recog Univers mance. 31.12.2 nized ity 013 Univer Khairp due to sity ur unsatis factory perofo rmanc e and he was over age at the time of appint ment.

S Name S/o Designatio Date of Date of Extentio Age Age Required Officer/Offici Performance Availabilit Domicil Degree Department Copy of Certificat ’s Remarks # W/o n Birth Appnt. n upto Require at the Qualificatio al Holidng y of e Certificate Payroll e D/o d for time n Degree Approval Verified/No Attache Appnt. of of te Verified d Appn Compete t. nt Authority nd 1 Faheem Nasem Legal 28/10/19 18/07/201 31/12/201 21-35 41 Graduation B.A 2 Attached yes Karachi In process Over age of having at least appointmen -ud-Din -ud- Coordinat 71 2 3 2 nd Division Division from t Ahmed Din or from University of unsatisfacto CP#D- recognized Karachi ry university performanc 2380 e

3.Having heard petitioners in person and learned AAG, the perusal of record would divulge that candidature of the petitioners were assessed by the selection committee and found them not illegible for the post due to lack of qualification as per recruitment rules. If this is the position of the case, we are of the considered view that essential qualifications refer to the minimum qualifications required for a post. Moreover, essential qualifications for a job description what skills, abilities, knowledge, personal qualities, experience as well as what professional qualifications (degrees, diplomas, etc.) candidates need for a position. In principle, if the candidate is not equipped with the requisite qualification, would not be entitled and eligible to apply for the post.

4.It is settled law that the Government has every right to fix the minimum criteria for the selection of an employee and it is their satisfaction to look into the performance of the employee and if it is not satisfactory, they are well within their right to dispense with the service of the employee. Since the petitioners were appointed for certain schemes in the respondent-department, therefore, this Court is not in a position to say for and against the qualification and working conditions of the

petitoners as the respondent-department has already opined in this regard and found the service of the petitioners not satisfactory and were not recommended for regularization of their service. We do not see any violation of law and statutory rules to come to say that services of the petitioners should be regularized as it is for the respondent department to look into the matter.

5.In the present case petitioners lack, the qualification for the subject posts, thus this court cannot condone and relax the qualification to allow the petitioner's service to be regularized.

6.In wake of the above, the learned counsel for petitioners failed to make out a case for the indulgence of this Court. Thus the instant constitution petition is dismissed along with the pending application(s)with no order as to costs.

JUDGE

JUDGE

Nadir*