Karachi (HRNW): The Sindh High Court has declared inadmissible a petition filed by a candidate seeking relaxation in the prescribed marks for recruitment to the Counter Terrorism Department (CTD).
The court observed that there is no provision in law to reduce the prescribed marks or round them off, adding that the court cannot lower or waive the recruitment criteria in favor of an individual candidate.
The petitioner, Naeem Hussain Shah, through his counsel, submitted that he had successfully completed the written examination and physical test in 2017. However, he was declared unsuccessful in the interview because he fell short of the required minimum marks by only half a mark.
The petitioner’s counsel argued that some candidates who had obtained lower marks in the written examination were appointed, creating an impression of discriminatory treatment.
The government lawyer maintained that the recruitment policy contained no provision for reducing the prescribed marks or rounding them off.
The court held that granting relaxation to one candidate could affect the rights of other candidates and that the court could not reduce or remove the prescribed eligibility criteria for an individual.
The Sindh High Court further observed that judicial jurisdiction cannot be used to create a new legal right where none exists under the law.
The court stated that unless mala fide on the part of the interview board is established from the record, it cannot substitute its own opinion for that of the interview board.
The court also observed that the success of other candidates despite their lower marks could not serve as a basis for granting the petitioner a waiver of half a mark.
The petition was declared inadmissible. The court also noted that the recruitment process had taken place in 2016, while the petition was filed approximately nine years later.
Human Rights & Rule of Law Perspective
Recruitment to public-sector positions must be transparent, impartial and conducted according to established legal criteria. At the same time, equal treatment and uniform application of recruitment standards are essential to ensure that the rights of all candidates are protected.
Disclaimer
This report is based on the proceedings and positions presented before the Sindh High Court. The court’s observations and decision are based on the record and legal issues before it.
