The Federal Constitutional Court has issued a significant judgment in a case related to the recruitment of government employees, emphasizing that public appointments must strictly adhere to constitutional guarantees of fundamental rights.
The verdict, authored by Justice Hassan Azhar Rizvi, stated that every citizen has the right to compete for appointment in any federal or provincial department, attached body, autonomous institution, or corporation on the basis of open merit.
The court observed that this right can only be ensured if the recruitment process is conducted in a transparent, fair, and equitable manner, free from bias or any doubt regarding integrity. It added that deviation from merit not only violates the Constitution but also undermines public trust in government employment systems.
The judgment further noted that even lower-grade positions, such as naib qasid, sanitary workers, and chowkidars, require utmost care and honesty in appointments, as these posts are also a public trust despite relaxed educational requirements. It stressed that misuse of authority in such hiring processes renders officials accountable, as salaries are paid from the national exchequer.
The court annulled the orders of the selection committees and directed the Khyber Pakhtunkhwa government to complete the recruitment process afresh in accordance with the law. It further instructed that a compliance report be submitted to the Registrar Judicial within 60 days and ordered departmental action against negligent officials.
The case pertained to Class-IV appointments at District Headquarters Hospital Karak in February 2020. Although the selection committee had recommended eligible candidates, the Peshawar High Court had stayed the appointment orders, directing that the process be made transparent, after which the matter was taken up by the Federal Constitutional Court leading to the present judgment.