SHC cancels over 54,000 recruitments in one go

KARACHI:

In a significant development, the Sindhu High Court (SHC) has cancelled the employment contracts of over 54,000 people employed by the PPP government in various departments of Sindhu last year on the basis of fake domicile.

The SHC bench, comprising Justice Zafar Ahmed Rajput, passed this order on Saturday while hearing a petition filed by MQM-P leader Khawaja Izharul Hassan through his lawyer Dr Farogh Naseem in August 2023.

In the suit, MQM-P questioned over 100 advertisements and recruitment processes initiated in various departments of the Sindh government. On August 9, 2023, SHC suspended the broadcast of these announcements and onboarding processes.

At the hearing on May 31, Advocate General of Sindh Hassan Akbar made an affidavit as per the instructions of Sindh Law Minister Zia Hussain Lanjar, in which he admitted that the Sindh government was ready to withdraw all the announcements and start the whole process afresh, in accordance with the law, after the re-announcement all posts.

“Thousands of people are suffering because of this lawsuit. It is requested that the job advertisements be declared withdrawn and that this writ petition be dismissed so that the government may re-announce and re-conduct the appointments in accordance with law,” he said during the June 10 hearing.

However, MQM-P submitted a statement to the contrary, arguing that the Advocate General’s statement was not sufficient and that appropriate provisions needed to be laid down for future action. In further response, the Advocate General filed a statement of reply.

On Saturday, the court, after listening to the arguments of all parties, found all advertisements and, consequently, the granting of employment through them to be null and void and without legal effects. It was stated that no recruitment on the basis of interview conducted by the Sindh government would be carried out in future.

“The Government of Sindh/respondents shall ensure that the posts are filled in accordance with the applicable urban vis-à-vis rural quota in the ratio of 40:60 as per SOI(S&GAD) 23/1/71/75-77 dated 16.1.1971 in respect of appointments under Rule 14 of the Sindh Public Servants (Appointment, Promotion and Transfer) Rules, 1974 (1974 Rules), wherever applicable.

“The posts in grades 5 to 15 and 1 to 4 will be filled by the Government of Sindh/the accused in accordance with Rule 15 (at the regional/district level) and Grade 16 (at the local level) of the Rules – 1974 respectively.

“All vacancies will be filled up by the Government of Sindh/respondents on the basis of the number of vacancies and as per

with the Sindh Permanent Residence Certificates Rules, 1971, wherever applicable. It should also be ensured that no vacancy exceeding the approved strength is filled up,” the written order said.

The quota system was introduced to ensure equal representation and distribution of government positions and educational opportunities between urban and rural populations.

The system allocates 60% of positions to rural areas and 40% to urban areas, aiming to address historical imbalances in development and access to resources. This approach aimed to bridge the gap between more developed urban centers such as Karachi and less developed rural regions.

However, the quota system is the subject of ongoing debate. Supporters say it helps uplift disadvantaged rural areas by giving them fair opportunities, while critics say it can perpetuate divisions and hinder meritocracy.

Despite the controversies, the quota system remains a significant feature of the socio-political landscape of Sindh, influencing policy and public discourse on equality and regional development.