2016 PLP (C (PLC(CS))

SYED MANSOOR ALI SHAH, J.

This order will decide the instant petition, as well as, connected Writ Petition No. 11139/2014 as both these cases raise common questions of law and facts.

2. The petitioner has challenged the appointment of respondent No.1 i.e., Maryam Nawaz Sharif as Chairperson, Prime Minister's Youth Programme. It is contended that post of Chairperson is a public office and appointment of respondent No.1 has not been made through a transparent recruitment process. He contends that Prime Minister's Youth Programme deals with disbursement of taxpayers' money and, therefore, appointment of Chairperson to such a public post could only be made through public advertisement and a well laid out selection process. He further contends that respondent No.1 does not have the requisite qualification or experience to hold the post of Chairperson.

3. Learned DAG along with representative of the Programme submits that respondent No.1 is holding the post purely on honourary basis being a well respected public figure. He contends that said respondent does not draw any salary or is entitled for any privilege. The representative from the Prime Minister's Youth Programme submitted that Designation of a Focal Person for the Prime Minister's Program for the Youth includes six schemes i.e., Prime Minister's Interest Free Loans Scheme, Prime Minister's Youth Business Loans, Prime Minister's Youth Training Scheme, Prime Minister's Youth Skills Development Scheme, Prime Minister's Scheme for Provision of Laptops and Prime Minister's Scheme for Reimbursement of Fee of Students from the Less Developed Areas. He submitted that funds allocated to the said Program are around Rs.9-billion. As far as appointment of respondent No.1 as Chairperson to the said Program is concerned, reference is made to paragraphs Nos.3 and 4 of the summary approved by the Prime Minister regarding the said appointment which states as under:- "

3. The schemes included in the Prime Minster's Program for the Youth are now at advanced stages of design and formulation, and are expected to be finalized soon, after which they will be ready for implementation. At this stage, and particularly for the next stage of implementation, several issues involving efficiency, transparency and fairness need to be addressed and properly managed. To ensure that the Program is effectively finalized, implemented and managed as well as to settle questions of transparency, accountability and equity, it is advisable that this program be coordinated and managed by a well-respected public figure.

4. Accordingly, it is proposed that Mrs. Maryam Nawaz Sharif may be appointed as focal person with the title "Chairperson, Prime Minister's Program for the Youth" with the responsibility to coordinate, manage, finalize and supervise the implementation of the program."

4. The above shows that function of Chairperson is to ensure that there is efficiency, transparency and fairness in the management of the funds under the Program. The Chairperson is also to ensure that the Program is effectively finalized, implemented and managed by ensuring transparency, accountability and equity. The representative of the Program further adds that the Chairperson also attends to general complaints filed by the public regarding the said Program and monitors working of the various schemes under the Program. When asked regarding the experience and qualification of respondent No.1, initially the learned DAG submitted that respondent No.1 holds a Master's degree in English Literature but could not elaborate whether respondent No.1 possessed requisite experience to head and manage a public fund of Rs.9-billion. Departmental representative also failed to show that there was a transparent process for selection and appointment of the Chairperson.

5. After hearing the parties, the following order was passed by this Court on 11.11.2014:- "The case has been fully argued by both the sides and I am inclined to announce the judgment, however, as a matter of grace one opportunity is granted to the Federal Government to seek instructions from the concerned quarters if they wish to revisit and reconsider the appointment of respondent No.1 as Chairperson, Prime Minister's Youth Programme. Learned DAG seeks time to obtain instructions. Let the case be taken up today at 3.00 p.m. 3.00 p.m.

2. Learned DAG submits that he has spoken to the Attorney General for Pakistan and considering that Prime Minister is out of the country he seeks a short adjournment to obtain instructions.

3. In this view of the matter let this case come up on 14.11.2014. It is clarified that case has already been heard and is fixed for announcement of judgment on the next date of 'hearing unless and until a satisfactory response is received from the Federal Government. Learned DAG will also place on record the academic qualifications of respondent No.1 along with copies of degrees awarded to her before the next date of hearing. Office will also fix connected matters bearing Writ Petitions Nos.11139/2014 and 6150/2014 before this Court on the next date of hearing."

6. Today respondent No.1 has tendered her resignation from the post of Chairperson which states as under:- Islamabad, the 13th November, 2014. NOTIFICATION No .4-17/2013 -Min-I- The Competent Authority has been pleased to accept, with immediate effect, the resignation tendered by Mrs. Maryam Nawaz Sharif, Chairperson Prime Minister's Youth Programme. In the wake of the above resignation, the matter in hand by and large stands concluded. Considering that the Chairperson is to "manage, finalize and supervise the implementation of the Program" which comprises tax payers' money to the tune of Rs.9-billion, any future appointment must be transparent and through proper open selection process after giving due weightage to relevant experience and qualifications of the person concerned.

7. This petition has borne fruit and is disposed of with the above direction.

8. Copy of this order is dispatched to the Secretariat of the Prime Minister's Youth Program for future reference, guidance and compliance. MWA/M-364/L Order accordingly.