2009 PLP 1411 (CLC)

Briefly, the petitioners along with, other candidates appeared in Combined Competitive Examination of 2008 held by Sindh Public Service Commission in April, 2009. It is claimed by the petitioners that according to the original time table issued by the Controller of Examinations, Sindh Public Service Commission, the written examinations were scheduled from 6th April, to 24th April; 2009 and the paper for Civil Law was to be conducted on 18-4-2009 from 2-00 p.m. to 5 p.m. Per petitioners a revised time table was announced without any intimation to them, whereby besides other changes the time on which Civil Law paper was to be conducted was changed from second shift to first shift i.e. (2-00 to 5-00 p.m.) to (10-00 a.m. to 1-00 p.m.). Consequently, when the petitioners reached Examination Centre at 1-00 p.m. they were shocked to know that the paper was already over. The petitioners thereafter approached the respondent No.1 and so also Senior Member of S.P.S.C. and lodged their protest that they had no knowledge about the revised time schedule, therefore, they be allowed to appear in the paper of "Civil Law" enabling them to compete with other candidates but to no effect. Since the grievance of the petitioners was not redressed by the respondents, therefore, they have filed the present petition with the following prayers:

(1) To allow the petition with strict direction to the respondent No.1 to take Departmental Action against the officers/officials who are involved in gross negligence, and under intimation to this Honourable Court. (2) To direct respondents Nos.1 and 2 to arrange separate paper (Civil Law)/examination Centre so the petitioners appear to solve their paper for smooth way. (3) Any further relief which may this Honourable Court deems fit according to law. Upon notice, the comments were filed by the respondent No.2 on 20-5-2009 in which it is asserted that the time table for original written examination was revised after proper notice duly published in leading newspapers i.e. Daily Ibrat, Hyderabad, dated 29-3-2009, Daily Jang, dated 30-3-2009 and Daily Kawish, Hyderabad, dated 29-3-2009 and other newspapers. Today, Mr. Abdul Fateh Malik, learned Additional Advocate-General and Mr. Adnan A. Karim, Assistant Advocate-General, are present for the respondents along with Messrs Anwar Haider Shah and Aijaz Hussain Jafri, Senior Member and Secretary of the Sindh Public Service Commission. Learned Additional Advocate-General submitted that there was no fault on the part of the Sindh Public Service Commission or its officials as they have published the revised schedule in leading newspapers for the information of all concern. According to him, the revised schedule of C.C.E. was issued for the convenience of some candidates at their request who beside C.C.E. were also appearing in C.S.S. Examination as the original time schedule of C.C.E. was in clash with the schedule of C.S.S. Examination issued by the Federal Public Service Commission. We consequently inquired from Senior Member and the Secretary Sindh Public Service Commission that as to how the original time schedule of C.C.E. 2008 was in clash with the time schedule of C.S.S. Examinations to which they submitted that per original time. schedule the examinations of C.C.E., 2008 were to be conducted from 6th to 24th April, 2009 whereas they were informed by the Government officials the C.S.S. Examination were to commence from 21st, April, 2009, therefore, the program of C.C.E., 2008 was squeezed till 21st April, 2009. However, the record reflects that the C.S.S. Examinations were to commence from 25th April, 2009 and when their attention was drawn to this position they had no answer except that the revised time schedule was issued before the F.P.S.C., announced their schedule. It is also surprising to note that per original time schedule the paper of Civil Law was to take place on 18th April, 2009 and even in revised schedule the date was not changed but the time was changed from second half (2-00 to 5-00 p.m.) to first half (10-00 a.m. to 1-00 p.m.) and for such change none present has any justification which even otherwise appears to be sheer non-application of mind or mismanagement. It is also brought to our notice that 11 candidates could not appear in the Civil Law Examination due to such change, out which 6 have filed this petition. In view of what has been discussed above we are of the firm view that there was no justification, at all, with Sindh Public Service Commission for issuance of revised schedule for Combined Competitive Examination and further that the change in time for the paper of Civil Law was sheer negligence on their part and for such negligence the petitioners could not be made to suffer. Though there is no provision in the Recruitment Management Regulations, 2006 of Sindh Public Service Commission envisaging such an eventuality and the only provision pertaining to written examination and written test as contained in Regulation 0701 reads as follows:-- "0701 General. Written Examinations and written tests for regular service with Government of Sindh shall be conducted once a year or as when required, as part of the total process for selection which may also include conduct of Psychological Test. The Commission will lay down the schedule of examinations/tests and advertise these for information of the candidates." Notwithstanding, there can be an occasion where under compulsive circumstances or to facilitate the candidates the date announced by the Commission for written examination may be prorogued which can be notified to the candidates through the mode adopted by the Commission i.e. publication as such change at the most would cause inconvenience to the candidates but would not cause any prejudice/loss to the candidates for the simple reason that even if they appear on the notified dates they can be informed about the prorogued schedule. However, in cases like the one in hand where the time schedule announced for the papers is not prorogued but expedited by early dating or squeezing it then in our view the Commission is bound to adopt all possible modes to inform the candidates regarding such change including letters by registered post, courier and telephones etc. as such change is likely to cause serious prejudice and irreparable loss to the candidates who for any reason do not come to know for such change. In the circumstances we are of the view that mere information by publication for early dating the time schedule of written examination was not sufficient and the petitioners were entitled to notices through registered post/courier as well. Since we have already held that the change of time schedule for written examination by the Commission was without any cause or proper notice and the change of time of Civil Law paper was sheer negligence on the part of Commission therefore, we, while allowing this petition, direct the Commission to arrange the paper of Civil Law within 30 days hereof after giving notice to all the eleven candidates who could not appear in the paper of Civil Law by registered post/courier and telephone. S.A.K./U-11/K Petition accepted.