Pasban challenges advertisement for recruitment of medical officers

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Karachi : Pasban Democratic Party (PDP) has challenged an advertisement of the Sindh government for recruitment of medical officers (MOs) and prayed that the recruitment should be made under proper rural urban quota.

As per details, Pasban Democratic Party through their joint secretary Tariq Chandiwala has filed a constitutional petition (CP 59420 making respondents Government of Sindh through its Chief Secretary; Chief Minister of Sindh through his secretary; Governor of Sindh through his secretary; Sindh Public Service Commission, and Sindh Health Department through Health Secretary.

The petitioner maintained that Article 27 of the Constitution of Islamic Republic of Pakistan states “No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.”

He maintained that Quota System was introduced as an exception to this Article because of the uneven level of development and lack of appropriate, educational facilities in certain parts of the country. It was not made a permanent feature of the constitution; rather it was initially protected for a period of 20 years and thereafter the period was extended through the Constitution 16th Amendment Act 1999 for a further period of 20 years and thereafter the period was extended through the constitution (16th Amendment) Act 1999 for a further period of 20 years. Now that period has already passed and the rationale for which the quota system was envisaged and protected in the constitution does not exist anymore.

The petitioner submitted that the quota system hurts a merit-based induction in the CSS as only 7.5 percent seats are reserved for open merit; the remaining 92.5 percent reservations are Quota-based. In the past, many students passed the CSS written exam and cleared the interview but did not get allocations owing to limited seats in quota system despite the fact that their merit number was better than those who got allocations under quota system.

The petitioner submitted that an advertisement was published in the Daily News papers on dated 05-06-2017 through Press Release No.PSC/EXAM(S.S)2017/32.

He submitted that in this examinations for the posts of Medical Officers total numbers of candidates were selected 2769 and Quota wise from Sindh Rural there were 2203 candidates were participated and from Sindh Urban 566 candidates were amazingly inducted in percentage that Sindh rural numbers of seats 230 which amounted to percentage 40.64% and from Sindh Urban have selected 336 which amounted to percentage 59.36% which means Sindh rural have taken their seats 2203 which were all persons belongs to rural Sindh and in the Quota of persons belongs to Sindh urban they intentionally and deliberately with malafide intention have inducted 40.64% in the share of Sindh urban citizens which was gravely miscarriage of the Sindh urban quota.

The petitioner prayed to declare that the advertisement dated 05-06-2017 for the recruitment of medical officers published by the Government of Sindh is highly doubtful and may declare all the procedure null and void.

He prayed to direct the respondents to conduct the procedure for recruitment of Medical Officers from fresh advertisement according to Constitution and selected the candidates as per Quota System as per described in the Constitution of Pakistan 1973 by ratio of 60% Rural & 40% Urban accordingly.

The petitioner also prayed to direct to Constitute an enquiry committee look into and probe the matter and penalize the persons behind this matter in the light of the existing law and rules.

The court would hear the petition on November 26, 2020.

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