C.M. No,5 of 2012 ' UMAR ATA BANDIAL, C.J.--- This is an application for impleadment of the applicant as petitioner in the main pet' ion. Allowed.
' Main Case #TBS PLC (Service) #TBE
2. Learned standing counsel for Federation has shown documents from the government's file pertaining to the appointment of Principal (BS-21) of the National College of Arts, ("NCA") Lahore.
That post is without a regular incumbent for the last three years during which period different faculty members of NCA have been appointed to the said post on acting charge basis till their respective dates of superannuation. A'slik such the institution is not led by an academic who cad follow' Ills vision for the institution with security and commitment.
3. In the record shown by the learned standing counsel the latest document dated 18-10-2012 notes that the Prime Minister has approved the appointhent of an acting Principal, NCA and also approved teadvertisement of that post for fresh recruitment. The summary dated 5-10-2012 submitted to the Prime Minister does not disclose that a panel of three candidates recommended by the selection committee,- to whiclx fresh selection has again been entrusted, is already available with the Federal Government. That such panel of recommended candidates was finalized after scrutiny undertaken' by the Selection Committee after advertisement of the position in the national press:,
4. Equally, the summary does not mention .That each of -the three recommended ' candidates qualify the , eligibility criteria given in the regulations and published in the advertisement. The Selection Committee recommended three candidates out of four ilii&ivere interviewed.
5. It is surprising that a premier institution like ,the NCA does not haye a regularly appointed Principal for more than three years..Ad hoc arrangements are being resorted to fill that leadership role whilst repeated efforts are' made to find a- fulltime' appointee. The latest order for fresh adyertisement of the position in question,is the fifth attempt for C finding a suitable candidate for the said post.
6. The above facts depict governmental indifference and vacillation to an extent that the Court is inclined to refer the matter to the Federal Government for acting decisively in it for considering the points noted above that do not form part Of thesummary dated 5-10-2012 which was approved by the Prime Minister on 18-10-2012. The law, favours regular appointment to public posts rather than the same being -continuously tossed around among acting-charge-Principals for a period exceeding three years. The approval dated 18-10-2012 by the Prime Minister proceeds on a summary providing incomplete facts. Nevertheless, in order to safeguard the Federal Government's discretion in the matter, it is observed that even temporary 'appointment to the post of Principal NCA may be made but it must be ensured that eligibility criteria are duly satisfied. Therefore the recommendees of the Selection Committee ought to be considered in such process. However, such a course of temporary appointment would be justified only if the qualifications and criteria of eligibility are raised to a higher` level of accomplishment so that a further search nationally or internationally for a suitable candidate is justified.
7. Accordingly, on account of the delay of more than three years in appointment of a regular incumbent to the post of Principal NCA, the failure by the summary for the Prime Minister to inform, about three candidates recommended by the selection committee, after advertisement with wide publicity, who satisfy the qualification criteria laid down in the regulations which is also reproduced in the advertisement, the matter is referred back to the Federal Government. The concerned authorities shall place the same before a competent authority to consider whether, in the circumstances, fresh advertisement for the post in question ought to be resorted and if so, whether pending' finalization of the process of recruitment by the Federal Government for the post in question the recommendees of the selection committee may also be considered among candidates for temporary appointment. If any of the candidates recommended in the fourth selection process has not applied for appointment under the latest advertisement dated 26-10- 2012, the Federal Government shall consider his candidacy in the current selection process on the basis of his previous record.
8. Petition disposed of.