BARRISTER ARSALAN RAJA
TIME and again there have been cases of nepotism, corruption and favouritism by the Sindh Public Service Commission (SPSC), which has been uninterruptedly adversely affecting the educated youth in the province. There have been cases in the past as well as recently where reputed news channels reports and several newspapers articles have clearly identified the nepotism and favouritism by the SPS in the examinations and selection process of the Civil Servants in Sindh. It is a matter of record that in the Combined Competitive Examinations of 2018, extra interview marks were granted to the candidates who were the favourite and pre-selected “chosen-ones”. Members of the SPSC are undoubtedly indulging in nepotism and corruption by not selecting candidates on the basis of merit but for the extraneous considerations and other illegal gratifications. Combined Competitive Examinations have unfortunately opened new venues for corruption and nepotism for SPSC’s members. Numerous credible news reports have pointed out serious flaws and illegalities in process of selection of civil servants, which certainly indicates lack of transparency to facilitate nepotism and favouritism which we as a responsible citizen of Pakistan, must not condon or tolerate.
It is also pertinent to mention that the Honourable Supreme Court of Pakistan in the Suo Motu Case No.18 of 2016, found large scale illegalities and discrepancies committed by the Sindh Public Service Commission in conducting written examinations and interviews, in the year 2013. The Supreme Court held that the results of written examinations and interviews were not free, fair or transparent. The Apex Court in view of the large-scale illegalities/discrepancies committed in the written examinations and interviews of the Combined Competitive Examination in the year 2013, subsequently cancelled the results of the written examinations. The Apex Court observed that the Commission and the Government were obliged to ensure complete transparency in the process of selection and appointment of civil servants. It further observed that if the qualified and competent individuals were appointed, their performance and work would be far superior to the inept allowed in through the backdoor of nepotism and if the incompetent or the corrupt made it into the civil service, citizens shall be deprived of their rights. The appointments which disregard merit, perpetuate bad governance and drain the public exchequer.
One of the many acts of intellectual dishonesty, nepotism and forgery has been evident from the screening tests/examinations conducted by the SPSC for the Combined Competitive Examinations for the year 2019 and 2020 in which intentional incorrect MCQs were mentioned in the question papers to grant grace marks to the pre-selected candidates. It is appropriate to mention that such deliberate and calculated mistakes in the examinations have been conducted in the past with a planned agenda to favour a few poorly performing candidates and the pre-selected candidates. Moreover it has been pointed out that the blue-eyed candidates after paying illegal gratifications to the high officials of the SPSC, were instructed to leave their answer sheets empty which were allegedly filled with the correct answers, with the help of the high officials and examiners of SPSC. Sadly, no concrete internal or external action or inquiry has been initiated by the concerned authorities to halt or put an end to the absolute illegal conduct by the SPSC high officials. It is worth mentioning that the Honourable Supreme Court of Pakistan in the Civil Petition No.582-K of 2016 and the Honourable Sindh High Court in the Constitution Petition No. 438 of 2016 specifically held that the Sindh Public Service Commission was not vested with any authority or power to award grace marks. Additionally, the regulation 0743 of Recruitment Management Regulation, 2006, which provided for qualifying/passing criteria in the ‘Combined Competitive Examination’, specifically forbade concession of grace marks. That the aforementioned sheer illegalities in the selection process of civil servants is a clear infringement of fundamental rights in terms of the Article 27, 25 & 18 of the Constitution of Pakistan 1973. The Article 27 of the Constitution states “no citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against”. Similarly, the Article 25 prescribing the equality of citizens, is another fundamental right which is attracted if all those who were tested and interviewed are not treated equally. Whereas Article 18 of the Constitution, provides mandate that every citizen shall have the right to enter upon any lawful profession or occupation.
It is notable that the high officials of the SPSC dishonestly assisted their immediate family members and relatives in qualifying the examinations and the interviews for the appointment at important government positions. It is a matter of record that eighteen immediate relatives of the Controller of Examinations of Sindh Public Service Commission did not only pass the Combined Competitive Examination 2018 but were successively selected by the SPSC in different departments of Sindh Government, including the Anti-Corruption Department of Sindh. Interestingly, the SPSC selected the daughter of a former member of SPSC, under the “Urban quota” whereas his son was also selected, but surprisingly, he was selected under the “Rural Quota”. Moreover, several former and current members of the SPSC unlawfully inducted their immediate family members in different government departments of the province which resultantly sabotaged the merit of the province and consequently undermined the rule of law and a sheer violation of the Sindh Public Service Commission Act 1989 and a further violation of the Judgement & Guidelines provided by the Honourable Supreme Court of Pakistan in suo motu case No 18 of 2016 and in the Civil Petition No.582-K of 2016. It is certainly a matter f immense grief, where no concern has been raised from any quarters to question the irregularities being unceasingly committed by the SPSC system.
—The writer is a Barrister and practices law in Karachi.
