Rr. 5(1) & 9(1)(b)—Balochistan Public Service Commission (Functions) Rules, 1982, R. 3(1)(b)-Appointment of persons in the Service of the Government of Balochistan (BPS 1 to BPS 15)—Selection criteria for Members of the Departmental Selection Committee, and the mechanism for conducting tests and interviews of candidates stated. 2126 -R. 9(1)(b)-See Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, R. 5(1). 2126 Balochistan Local Government Act (V of 2010)— S. 24(b)—Balochistan Local Government (Election) Rules. 2013. R. 13-Local bodies elections for Ward Member… Qualifications for candidates and elected members—Minimum age of 21 years—Date of birth, determination of—Date of birth
The GOVERNMENT OF BALOCHISTAN
and 16 others–Respondents
Civil Petition No. 178-Q of 2023, decided on 26th July, 2023.
(On appeal from the judgment of the High Court of Balochistan Quetta dated 05.06.2023 passed in C.P. No. 1860 of 2022)
Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009—
Rr. 5(1) & 9(1)(b)—Balochistan Public Service Commission (Functions) Rules, 1982, R. 3(1)(b)—Appointment of persons in the Service of the Government of Balochistan (BPS 1 to BPS 15)– Selection criteria for Members of the Departmental Selection Committee, and the mechanism for conducting tests and interviews of candidates stated.
The Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 (the “AP&T Rules”) do not provide any mechanism nor criteria to adjudge the competence, experience, calibre, independence, integrity, and undisputed impartiality of the Members and Chairperson of the Departmental Selection Committee (‘the Committee”) responsible for the initial recruitment in BPS 1 to 15. The majority of the posts in BPS-4 and/or above are meant to regulate the affairs of the department, therefore, the performance of the department depends on the person appointed against each post. One of the most vital decisions the Government of Balochistan (“GoB”) makes is who it names as Members of the Committee(s). Thus, to focus on finding the right people for the role, it is necessary that the Chairperson and Members must be of eminence, experience, knowledgeable, competent, able, most significantly of good character, integrity, and sound enough to ensure their independence. Additionally, caution must be adhered to in order to avoid any conflict of interest of the Members, including any prior knowledge of and in relation to any candidate to make the best decision possible. To achieve such goal, the unlimited power of the competent authority in selecting the Committee members needs to be structured. [
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