Inayat Ullah & others Vs Govt of KP and others

JUDGMENT SHEET

IN THE PESHAWAR IIIGII COURT,

BAI\NUBENCH

(Judicial Departnent)

Inayat Ullah and others

Yersus.

Govt. of K.P and others

For petitioners: Mr. Abdullah Khattak, Advocate.

For respondents: Muhammad Asghar Khan Ahmadzai, Addl: A.G. along with Dr. Nasir Jamal,

Date of hearing: 22.5.202s.

By this consolidated judgment, we propose to decide following five interconnected writ petitions, namely:

i. W.P.No.883-82020 (Inayat Ullah & 07 others -V- Provincial Khyber Pakhtunkhwa & 06 others), instituted on ll. W.P.No.l220-Bl2020 (Said Khan -V- Government of Khyber Palhtunkhwa & 02 others), instituted on 10.10.2020.

iii. W.P.No.l267-Bl2020 (Muhammad Bilal & 63 others -V- Provincial Govemment Khyber Pakhtunkhwa & 03 others), instituted on iv. W.P.No.l0-B/2021 (Nadir Rahman & 05 others -V- Provincial Government Khyber Paklrtunkhwa & 02 others), instituted on W.P.No.l54-Bl202l (Rizvtan Ullah and 02 others -V- Provincial Government Khyber

v Pakhtunkhwa & 02 others), instituted on These petitions arise from a common set of events surrounding the recruitment process for various Ctass-IV positions at D.H.Q Hospital, KDA Karak.

The petitioners, having participated in the recruitment process conducted pursuant to advertisement issued by the hospital administration, challenge the subsequent issuance, cancellation, and suspension of appointment orders, alleging procedural irregularities, I violation of merit, and disregard of recommendations made by the Departmental Selection Committee.

2, The petitioners applied for Class-IV/Ward Ardati posts in response to advertisements published by the Medical Superintendent, DHQ Hospital Karak.

During the recruitment process, W.P.No. 625'B12019 titled "Muhammad Arif & 04 others -V- Provincial Government through Secretary Health & 04 others" was instituted before the Peshawar High Court, Bannu Bench, on 10.06.2019, which came up for hearing before this Court, resulting in an interim order dated 12.06.2019, directing that meanwhile the recruitment process may continue, but no final appointment orders shall be issued. The respondents continued the selection process for the posts of class

v lYl Ward Ardali. The Departmental Selection Committee convened its meeting on 25th and 26h February 2020 and recommended 40 candidates, including the present petitioners. On 08.09.2020, the W.P.No.625-Bl20l9 was disposed of with directions to the respondents to abide by the law, rules and poticy on the subject and to provide a fait opporhrnity to the deserving candidates. The then Medical Superintendent, KDA, Karak (Dr. Fahtrar Alam, the 4 then Chairman DSC) forwarded the minutes/ recommendations of the Departmental Selection Committee to the Medical Superintendent, KDA, Karak (the competent authority) for issuance of appointment orders to the recommended candidates;

that the respondents allegedly under political influence, deviated from the DSC's

recommendations, and issued appointment orders to other individuals including respondents No. 6 &. 7 (Muhammad Afaq and Aman Ullah) purportedly without lawful authority or adherence to merit.

Aggrieved thereby, the petitioners approached this Court seeking enforcement of their recommended appointments and nullification of appointments made conffary to the District Selection Committee's recommendations.

3.The petitioner, previously working on fixed pay as a Washer-man (Dhobi), was recommended for regular appointment by the Departmental Selection Committee in its meeting dated 25h and26ft February 2020. Appointment orders were issued on22.09.2020, but on 22.09.2020, the Director General Health Services (DGHS), Khyber Pakhtunkhwa, initially issued the order cancelling the appointment orders of I Class-IV employees via order No.l3t87-91/DGHS dated 22.09.2020, then on the same date held the appointment orders in abeyance and communicated this decision to the Medical Superintendent, DHQ, Karak via letter no. 13192-97/ DGHS dated 22.09.2020 and Dr. Ikram Ullah, Director, Public Health, was appointed as inquiry officer to conduct detail inquiry and examine the legality of the recruitment process. The petitioner contends that the order of holding the appointments in abeyance is liable to be set aside / cancelled due to its illegality, arbitrariness, lack of due process, and contravention of estabtished legal nonns. The petitioner also seeks a direction to the respondents to appoint him to the post of washerman (Dhobi).

4, The petitioners were issued appointment orders dated September 19, 2020, consequent to the Departmental Selection Committee's

recommendations. They submitted their medical fitness certificates and assumed charge of their respective posts but on 22.09.2020, the Director General Health Services (DGHS), Khyber Pakhtunkhwa, initially, issued the order cancelling the appointment orders of Class-IV employees via order 4 no.13187-91/DGHS dated 22.09.2020, then on the same date held the appointment orders in abeyance vide order No. 13192-971 DGHS dated 22.09.2020 and bared them from attending their duties. The petitioners impugn these orders as illegal, arbitrary, and infringing upon their vested rights.

5.The petitioners applied for the posts of Ward Orderly (Male) and Dai/Ward Attendant (Female) in response to public advertisements. The Departmental Selection Committee held its meetings on 25th and 26th February 2020 and finalized its recommendations. Before the appointment process could be completed, Dr. Fakhr-e-Alam, the then Medical Superintendent DHQ Hospital KDA, Karak was transferred. Subsequently, the new Medical

Superintendent of DHQ Hospital Karak issued appointment orders on 22.11.2020, without obtaining fresh recommendations, re-advertising the posts, or adhering to merit. These were later held in abeyance by the DGHS through letter dated 22.09.2020. The petitioners challenge the legality of appointments made without Selection Committee recommendations and seek enforcement of their own candidafures based on merit.

fl 6. Similar to the above petitions, the petitioners applied for various Class-IV positions, participated in the interviews, and were recommended by the Departmental Selection Committee. However, before the finalization of their appointments, administrative changes and pending litigation stalled the process.

After the disposal of W.P.No.625-812019, appointment orders were issued to 64 individuals on 08.09.2020 without relying upon the recommendations made by the Selection Committee in February 2020. The DGHS, deeming the appointments unlawful, cancelled the same through letter dated 22.09.2020 and constituted an inquiry.

The petitioners seek nullification of these allegedly irregular appointments and enforcement of their rights

based on the Departmental Selection Committee's merit [ist.

7.Arguments heard and record perused.

8.From the material available on record, and after hearing the parties at length, it is evident that the recruitment process for Class-IV posts at DHQ Hospital, KDA Karak, was initiated in pursuance of advertisements issued by the competent authority, and the Departmental Selection Committee (DSC), duly ,0 constifuted under the rules, conducted interviews and recommended suitable candidates. However, due to pendency of W.P.No.625-912019 and the stay granted therein, the appointment orders were not issued until its disposal on 08.09.2020.

9.Subsequently, appointment orders were issued by the then Medical Superintendent, Dr. Jamil Anwar, who bypassed the earlier DSC recommendations and altegedly initiated a fresh recruitment process without issuance of a fresh advertisement, proper scrutiny, or interview. This action triggered litigation and departmental inquiries, which unearthed various illegalities in the appointments.

10.The inquiry reports of Dr. Ikram Ullah Khan (Director Public Health) and Dr. Fazal Maula (DHO,

Kohat), appointed by the Director General Health Services, Khyber Paktrtunkhwa, reveal serious inegularities, including:

. Appointments made without fresh advertisement or interviews.

. Appointments of overage candidates (15 individuals).

. Male candidates appointed against female-specific posts (08 male candidates against "Dai" positions). o Appointments of tube-well operator and electrician without advertisement.

o Alleged manipulation of DSC minutes and signatures.

. Use of fictitious documents to justifr recruitment.

a o Misuse of authority and bypassing of departmental codal formalities.

11.These findings are further corroborated by the statements of Dr. Fakhr-e-Alam (former MS and Chair of the original DSC), who clarified that the original DSC had finalized recommendations which were never acted upon due to the court's stay. He expressly disowned the subsequent appointments made by Dr. Jamil Anwar, terming them unlawful and politically influenced.

12.The record of W.P. No.1267-812020 reveals that the petitioners' appointment orders were issued on 19.09.2020, purportedly on the basis of recommendations made by the Departmental Selection Committee. However, the actual date of the DSC meeting in relation to these appointments has

not been specified on record. More alarmingly, the entire appointment process, including issuance of appointment orders, submission of medical fitness certificates, and assumption of charge, was allegedly completed on the same day, i.e., 19.09.2020. This highly compressed timeline, lacking any reasonable procedural interval, casts serious doubt on the transparency, procedural fairness, and adherence to merit in the said recruifinent. Such haste undermines the credibility of the process and indicates possible 4 circumvention of established norms and rules.

13.The admiued position is that no new interviews were conducted, the DSC allegedly formed by Dr.

Jamil Anwar was never properly constituted, and the minutes presented were either fabricated or lacked lawful signatures. Even Dr. Jamil Anwar, in his own statement, admitted signing the orders under political pressure, but failed to substantiate his claim of coercion.

14.In light ofthe above:

W.P.No.1267-812020 is dismissed for want of merit and failure of petitioners to substantiate their claim with regard to eligibility or entitlement under DSC recommendations.

Remaining Writ Petitions, i.e., W.P.No.883- B,12020, W.P.No.1220-812020, W.P.No.10-

Bl202l and W.P.No.154-B/2021, are partially allowed to the extent that:

a) Respondents are directed to issue appointment orders strictly in accordance with the original DSC recoflrmendations made in February 2020, and only to such candidates who fulfill all legal requirements including age, qualification, and character verifi cation.

b) If any of the DSC-recommended candidates are no longer available or suitable, the respondents may fill such remaining vacancies in accordance with law, rules, and a properly 'g re-advertised transparent process.

c) Appointments made by Dr. Jamil Anwar in deviation from the DSC recommendations and without codal formalities are declared illegal and void ab initio.

d) The Government is directed to initiate disciplinary and consequential proceedings against Dr. Jamil Anwar, in accordance with the relevant provisions of the Khyber Pakhtunkhwa Efficiency and Discipline Rules, 2011. The Director General Health Services (DGHS) and other competent authorities may also initiate appropriate proceedings against Dr. Farooq Jamil, the former Special Secretary Health, if found involved, as well as against all other officials who may be found responsible or complicit in the irregular recruitment process, after affording them due opportunity of hearing in accordance with law.

e) Recovery of salary or benefits paid to illegally appointed candidates may also be effected from the responsible offrcer(s)' subject to regular departmental proceedings.

15.The shall complete the implementation of this judgment within 60 days, under intimation to the Additional RegisEar of this Court.

16.The Offrce shall place a copy of this judgment in all connected files.

Announced.

Dt:22.5.2025.

Imranf Wtr

JUDGE

(D.8.)

Hon'ble Mr. Justice MuhannadTariq Afridi Hon'ble Mr. Justice Abful FoYu