2013 PLP (C (PLC(CS))

This appeal is directed against an order dated 14-1-2013 passed by a learned Judge in Chambers of this Court. Through the impugned order, the petition filed by Dr. Murtaza Jaffari, Mr. Zafar lqbal and Syed Maqsood Pasha (the appellant and respondents Nos.5 and 6 respectively) was disposed of with certain directions. The constitutional petition had been filed by the aforesaid persons alleging that the post of Principal, National College of Arts, Lahore ("NCA"), did not have a regular appointee for about three years and the matters were being run by temporary appointees performing, functions of that office. On 18-9-2011, the Prime Minister of Pakistan interviewed three shortlisted candidates recommended by a Committee comprising, four persons. However, no permanent appointment was made by the Prime Minister and the Federal Government issued an advertisement on 26-10-2012 inviting applications for the said post. It was brought to the notice of the Court that NCA is a national institution of international repute. It has been without a permanent Principal for the last three years. The selection process was being repeated from time to time without culminating in appointment of a permanent Principal. Indecision and inertia on the part of the Federal Government was causing damage to the institution. A direction was, therefore, sought for the Federal Government to appoint a permanent Principal in light of the summary put-forth before the Prime Minister of Pakistan for making such appointment.

2. The learned Judge in Chambers, after hearing all concerned parties, including the Federal Government, referred the matter back to the Federal Government directing the concerned authorities to place the case before a competent authority to consider whether in the circumstances, fresh advertisement for the post in question ought to be resorted to and if so, whether pending finalization of the process of recruitment by the Federal Government for the post in question the recommendees of the Selection Committee may also be considered among candidates for temporary appointment.

3. It was further directed that if any of the candidates recommended in the fourth selection process had not applied for appointment under the latest advertisement dated 26-10-2012, the Federal Government may consider his candidacy in the selection process on the basis of his previous record.

4. The learned counsel for the appellant (Dr. Murtaza Jaffari) submits that the appellant holds a doctorate degree. However, the summary placed before the Prime Minister of Pakistan did not disclose the said fact. Therefore, believing that none of the shortlisted candidates held a doctorate, he required the post to be re-advertised. The learned counsel claims that if this fact had been brought to the knowledge of the competent authority, the appellant would have been selected as permanent Principal of NCA. The learned counsel further submits that despite having come to the conclusion that the summary provided to the Prime Minister included incomplete facts, the learned Judge in Chambers referred the matter back to the Federal Government with the aforenoted directions, which had prejudiced the rights of the petitioner. He, therefore, prays that in view of the admitted position that the appellant had a doctorate degree and the same having, not been disclosed in the summary moved with the Prime Minister, the appellant was entitled to a direction that he be appointed as the Principal. National College of Arts on permanent basis.

5. It appears that during pendency of this appeal, a 5th attempt to find a suitable person for appointment as Principal of National College of Arts was initiated. The post was advertised applications were received and a Selection Committee was constituted for shortlisting candidates to send recommendations to the Prime Minister for selection.

6. On 3-4-2013, the learned Standing Counsel for the Federal Government informed us that the appellant as well as respondents Nos.5 and 6, who were candidates for the said post, had been invited to appear before the Selection Committee for interview for the purpose of shortlisting of candidates. In view of the aforesaid statement, we did not consider it appropriate to interfere in the process and declined to interfere in the matter by way of any interim order. However, we directed that any recommendations made by the Selection Committee would be subject to the final outcome of this appeal. At the same time the appellant as well as respondents Nos.5 and 6, who are present in the Court, were directed and undertook to appear before the Selection Committee for interview.

7. It appears that for reasons not disclosed to us and best known to them, the appellant and respondents Nos.5 and 6 did not appear before the Committee, which interviewed all available candidates, who appeared before it and shortlisted three of them. This matter was brought to our notice, when the matter came up for hearing on 6-5-2013. The learned Standing Counsel sought one week's time on the said date to submit the record on the basis of which Cabinet Division submitted a summary to the Prime Minister on 16-4-2013 containing names of three recommendees of the Selection Committee. When the matter came up for hearing on 16-5-2013, we specifically asked the learned counsel for the appellant as well as the learned counsel for the respondents if their respective clients have participated in interviews and if not the reasons therefor. The learned counsel admitted that their respective clients had not participated in the interviews. They were however, unable to provide any cogent or logical explanation for not doing so. The learned counsel for the appellant, however, submitted that repetition of the process of advertisement and shortlisting was an exercise in futility. The appellant having a doctorate degree was the most qualified and was, therefore, entitled to be recommended for appointment.

8. We have heard the learned counsel for the parties and examined the record. An exercise of advertisement, shortlisting and recommendations to the Prime Minister of Pakistan has been undertaken for the 5th time in an effort to find a suitable person to be appointed as the Principal of NCA. We have been informed that the said exercise has since been completed for the 5th time and the Cabinet Division has sent its recommendations to the Prime Minister after conducting interviews and shortlisting candidates. The Committee has, therefore shortlisted two candidates and has sent its recommendations to the Prime Minister.

9. An examination of the record produced by the Cabinet Division relating to the aforenoted exercise for appointment of Principal, NCA indicates that a meeting of the Selection Committee was held at 11-00 a.m. on April, 2013 to recommend a panel of suitable candidates for the position of Principal, National College of Arts, Lahore. It appears that in total ten candidates applied for the position, out of those one was overage, three had less experience and six candidates fulfilled the required criteria for the position.

10. The record also indicates that before starting the interviewing process, the Selection Committee took into consideration, paragraph-7 of the impugned judgment, which is reproduced below:

Accordingly, on account of the delay of more than three years in appointment of a regular incumbent to the post of Principal NCA, the failure by the summary for the Prime Minister to inform about three candidates recommended by the selection committee, after advertisement with wide publicity, who satisfy the qualification criteria laid down in the regulations which is also reproduced in the advertisement, the matter is referred back to the Federal Government. The concerned authorities shall place the same before a competent authority to consider whether, in the circumstances, fresh advertisement for the post in question ought to be resorted, and if so, whether pending finalization of the process of recruitment by the Federal Government for the post in question the recommendees of the selection committee may also be considered among candidates for temporary appointment. If any of the candidates recommended in the fourth selection process has not applied for appointment under the latest advertisement dated 26-10-2012, the Federal Government shall consider his candidacy in the current selection process on the basis of his previous record."

11. Accordingly, the appellant as well as respondents Nos.5 and 6 were called for interview. They were issued call letters on 20-3-2013 and subsequently informed on telephone about the interview to be held on 4-4-2013 in the Cabinet Division, Islamabad, However, none of them appeared for the interviews.

12. The minutes of the meeting of the Selection Committee indicates that it examined the previous record of all three candidates but was of the view that it was not possible to assess the three candidates without interview by the Selection Committee as the composition of the Selection Committee was different from the previous one and the candidates should have appeared before the Selection Committee to help it to reach a right and just decision to recommend a panel of suitable candidates.

13. We have been informed that the Selection Committee has made its recommendations to the Prime Minister to appoint one of two candidates mentioned in the summary as the Principal or extend the acting charge of the present incumbent namely Dr. Shabnam Khan for further three months from 18-4-2013 or till the appointment of a permanent Principal, whichever is earlier.

14. On our query, the learned Standing Counsel has informed us that the Prime Minister has not so far passed any order on the recommendations received by him. At the same time, despite the fact that the appellant and respondents Nos.5 and 6 did not participate in the meeting of the Selection Committee without lawful reason or justification, we consider it in the interest of justice and in order to ensure that the most suitable person is appointed as the Principal of NCA, we direct that the Selection Board should hold a meeting on or before 30th June, 2013. In the said meeting, it shall invite the appellant and respondents Nos.5 and 6 and conduct their interviews from the point of view of establishing their suitability for the post of Principal, NCA. The committee shall be furnished with all requisite information by the competent authorities including the fact that the appellant holds a doctorate degree. In case, the committee finds any one or more of the said candidates to be suitable, it shall include his/their names in the list of recommendees already sent to the Prime Minister of Pakistan. The Prime Minister shall thereafter decide the matter in accordance with law. It is, however, clarified that in case one or more of the aforenoted candidates (appellant and respondents Nos.5 and 6 despite being invited, refuse or fail to appear before the Selection Committee for an interview, their cases shall not be processed any further and the Prime Minister shall proceed to decide the matter in accordance with law strictly adhering to the principle of transparency, impartiality and merit.

15. This appeal is accordingly disposed of in terms of the aforenoted directions. MWA/M-161/L Order accordingl