Abuse of discretion
 

THERE are reports in the national as well as in vernacular newspapers about the allocation of the seats of various disciplines in the recruitment of CSS candidates. It is reported that about 50 candidates having exercised their option in the CSS examination for the year 2007 for the Police Service of Pakistan, and having obtained sufficient number of marks in each and every process of the examination, thus becoming eligible to be assigned and allocated the police group service, are being considered for induction into DMG or the customs, indeed, against their option and bill.

This is a complete negation of the merit, as well as the principles of public policy as enshrined in the Constitution. The suitability criterion being considered in violation of fair and judicious exercise of power, discretion cannot be used as a tool and means for arbitrary and unilateral exercise of power, authority and jurisdiction in the garb of suitability criterion.

The PSC must demonstrate transparency at every stage of selection. People of Pakistan will definitely expect judicious use of power from the Federal Public Service Commission in order to inculcate the spirit of merit.

MANSOOR UL HAQUE SOLANGI
Karachi

another story of fpsc
DAWN NEWSPAPER

[url]http://www.dawn.com/2002/09/07/nat7.htm[/url]
September 7, 2002 Saturday Jamadi-us-Saani28,1423

LHC gives relief to CSS candidate




By Our Reporter

ISLAMABAD, Sept 6: The Lahore High Court, Rawalpindi bench, has set aside the Federal Public Service Commission’s objections and restored the candidature of appellant, Mohammad Asad Ali Chaudhry, for CSS examination, 2000.

The LHC, in its recent [B]judgment[/B], has directed the commission to announce the result of the appellant and, [COLOR="Black"][B][U]if required, amend the list of candidates finally selected in the CSS-2000 and allocate a service group as per his entitlement on the basis of his merit position.[/U][/B][/COLOR]
It may be mentioned here that it is the third judgment in continuation passed by the LHC on the case. However, this time the court has accepted the appeal of the appellant.

Mr Asad had taken his CSS-2000 examination and was declared successful in his written exam.

He was subsequently called for psychological test and viva voice for the final allocation in a certain service group. But, to Mr Asad’s surprise, instead of receiving the final result, he was informed by the commission through a telegram that his candidature had been cancelled on the pretext that he had retired prematurely from the army.

Contesting the decision, Mr Asad challenged the decision in the court and the petition was remitted to the commission to review its decision, considering the documentary proofs provided by the appellant that a number of other candidates with the same background had been selected by the commission.

In the first judgment, dated March 18, 2002, the high court directed the commission to review the petition of Mr Asad within one month of the date of receipt of the order in which he contested cancellation of his candidature for CSS-2000, but the commission did not respond to the LHC’s directives.

Subsequently, he moved the high court for contempt proceedings against respondents (Mr Shafiqur Rehman, Chairman, FPSC and others).

The Lahore High Court, headed by Justice Mohammad Sayed Akhtar, in its second judgment on July 4, 2002, observed: “Since the course (CSS-2000) has already started and it appears to be the case of hardships, the petition is remitted to the commission which treated as a review petition within the FPSC Ordinance 1977 and the commission is directed to dispose of the review petition after hearing the appellant within 10 days, positively”.

As a result, the commission called Mr Asad for personal hearing but even after the expiry of the deadline on July 15, the commission did not respond.

Once again the appellant prayed to the court to accept his appeal and in response the court gave its judgment in favour of Mr Asad.

junaid bhai r u challenging the commission's decision in any court ?

dont want to disclose about what will i do. but one thing is sure that i m not sensless. i respond to all stimuli good or bad. JUSTICE GIVEN TO ME OR NOT IS ANOTHER ISSUE.

some say the clause is applied in national intrest( written some wherein css syllabus).
i ask all of is it in national intrest that a man with lower merit shall be awarded with higher groups.

i struggled day and night , burned the Midnight oil. cleared exam in my first attempt, attained merit. result was nothing but shattering of dreams. such policies are cause of brain drain in our country.
my only fault is that I dreamed for career in civil services. and passed the exam to face this day.

Salam Dr.Junaid. please accept my commiseration on being victimised by Pakistani red-tapism and favouritism.you will inshallah triumph with flying colurs in css.now about this bad episode.i was astonished when i saw that candidates having merit order upto 56 were allocated police and DMG.i haven't had a look at the final meirt list in detial.but i read in a local news papers that there were 40 police seats in this year's share.moreover the number of vacanies filled are around 194(god forbid me if i provide any misleading information) and total number of vacancies were 300.i think i had a glimpse of this in FPSC's official sight about one week ago.now what happens inside the recruitment department of FPSC is not a hidden truth.i dare-say that we should expect (many) lapses in FPSC's cadres.but i also firmly believe that this new allegation needs to be substantiated.i leave you with a quote.VICTORY belongs to the most persevering.Allah Hafiz

HERO

Dr Doctor
you know one thing,what is the reason behind many ills of our society and why our society has become rotten day by day? the only ill behind is , we dont take stand against any odd in our life. we always try to calculate pros and cons. Such attitude gives courage to people who has habit to play with the lives of people and nobody dare to hinder them. i appreciate your courage and pray for you. At least you get things accordingly or not but atleast you cant feel shame with yourself throughout your life that you did not fight for your right.
Go and get whats your right.
You have nothing to lose but hell of things to get
Incognito

@incognitio
brother you are absoulutely right that people dont take stand. and that is the ill of our society. competitive exam is based on merit and nothing else. if this time it is happened to us it can happen next time as well to others . and their will be no reward in future to have merit. one at the bottom of merit will be given higher groups and you will be left high and dry.

@Junaid
 

Dear Dr Junaid!
Few days ago i debated the same issue on the forum but many successful candidates mocked my claim.Discretionary powers are always abused for multiple reasons including the one for adjusting one's favourite candidates.just look at the interview marks, the discretion is absolutely misused.as for suitability clause, i think better the commission alocate marks to psychological assesments geared at preventing an unsuitable person from getting a particular group.
i personally feel that the commission had many lapses and the government need to revamp the overall criterion of FPSC.