Interview of candidates

2013 PLC(CS) 864 ISLAMABAD Judicial Precedent

Art. 199Constitutional petitionPosts of trade officers to be appointed in foreign countriesSelection process/formulaInterview of candidatesPolicy of Government to give 70% weightage to interview of candidates during selection processInterference in such policy by the courtScopeOfficers for the posts in question were to be selected through competitive examination and interviewRespondents successfully cleared the selection process and were selected for postings abroadPetitioners were unsuccessful in clearing the selection process

Pleas on behalf of petitioners were that 70 % weightage was given to interview for the only reason that Government wanted to select officers on basis of pick and choose by ignoring merit; and that marks were given to some candidates during interview to bring them at par with those who had obtained higher marks in written tests

Validity

Government had every right to introduce its policy and the Court could not substitute the policy decision with its own opinion

Marks in the interview were given on the basis of different attributes namely, interpersonal skills, communication skills, market intelligence and research (skills), IT skills, brand advocacy (skills), conflict resolution (skills) and management skills

Authority given to officers to conduct interview of candidates could not be substituted by the Court as long as assessment made by them was not against the policy or rules

Officers conducting interview of candidates made the assessment according to the objective criteria given in the policy, therefore, the same could not be questioned

Officers conducting the interview had the exclusive prerogative to assess the candidates and award marks

Officers conducting interview belonged to different ministries and on the basis of presumptions it could not be said that all of them were involved in malpractice

Petitioners themselves appeared in the written test and interview, therefore, by their own conduct they were estopped from challenging the process in which they had themselves participated

Constitutional petition was dismissed in circumstances.

2012 PLC(CS) 1176 KARACHI-HIGH-COURT-SINDH Judicial Precedent

R. 4(2)(ii)Constitution of Pakistan, Art.199Constitutional petitionAppointmentInterview of candidatesIngredients

Authority was to decide as to what should be the ingredients of selection process in terms prescribed in R.4(2)(ii) of Sindh Council Unified Grade Service Rules, 1982

Even if the Authority decided not to conduct written test, even then it had to stick to a structure and scientific interview; and not a casual and superficial one, and in such a situation it would be relevant to see as to how much time was given to each candidate

For interview on which career of an individual depended on, and conduct of Government Officers, could not be allowed to be casual, perfunctionary and purely subjective

When the process was initiated and when the interviews were held and selection process completed, Sindh Local Government Board was not competent to initiate or complete the process

Board must comply with the strict criteria laid down in R.4(2)(ii) Sindh Council Unified Grade Service Rules, 1982 in respect of making recommendations "after such examination or test and interview as may be conducted by it".