ISLAMABAD: The Islamabad High Court (IHC) Tuesday turned down three identical petitions challenging the appointment of Usman Mobin as chairman National Database Regulatory Authority (NADRA). A single bench of IHC comprising Justice Aamer Farooq announced the decision which was reserved on Aug 13, by the bench after hearing the arguments from all the sides and termed the appointment of chairman NADRA as lawful.
Earlier, these petitions were filed in the Sindh, Lahore, and Islamabad high courts but the same were clubbed together and were adjudicated by the capital's high court. The previous government had reappointed Usman Yousaf Mobin as NADRA chief on Feb 8, 2018.
However, three petitioners moved three high courts of the country against the appointment. One petitioner's counsel Hafiz Arfat Advocate had adopted the stance in the plea that the eligibility criteria for the post had been changed in appointment of Usman Mobin.
He stated that Mobin was on fifth number among the shortlisted candidates but he was given undue benefit during the process. However, the deputy attorney general informed that Usman was appointed in accordance with the law after fulfilling all legal procedure.
The petitioner's lawyer asserted that the previous government of the Pakistan Muslim League-Nawaz (PML-N) changed the prescribed criteria in order to appoint Usman as chairman NADRA. Hafiz Arafat produced the documents relating to the 'original' selection criteria for the post of NADRA chairman.
According to these documents, 15 marks were to be set aside for a PhD degree and 12 and nine marks for a master's degree from foreign and local universities, respectively. Moreover, 40 marks were reserved for experience in the relevant field.
He argued that under these criteria, Mobin could secure only 30 marks and his name was placed on the fifth position on the merit list. On the first position was Zia Nadir, with 36 marks. However, he added that the authorities then changed the criteria and the marks for a PhD degree were decreased from 15 to five, while those for a master's degree were enhanced from 12 to 15 marks, while Mobin holds a master's degree.
He continued that under the new criteria, Mobin secured the highest (55) marks and his name placed on the top of the merit list. Advocate Ahmed said the authorities changed other requirements for the job as well, in order to ensure that Mobin was selected at any cost.
He argued that Mobin's appointment as NADRA chairman was illegal as he was not qualified for the job. For his part, the counsel for NADRA argued that the appointment was legal as Mobin was qualified and eligible for the post in question. The petitioner's counsel informed the court that Mobin was appointed after a thorough interview of the selection board.
He was more experienced and qualified for the post as compared to the other candidates. Referring to a judgment of a high court, the NADRA's counsel argued that the federal cabinet could appoint a candidate to the post of NADRA chairman without any prior advertisement for the position.
In his arguments, he said Mobin had more experience and qualifications, when compared to those mentioned in the advertisements published in the national media for the post. He added that that was why he was chosen by the scrutiny committee ahead of other candidates.
The counsel pointed out that Mobin was interviewed by the selection board and his name was approved by the federal cabinet as well. Representing the federal government, Deputy Attorney General Raja Khalid Mehmood argued that the age limit for the post of NADRA chairman was 55 years, while Mobin was 38 years old.
The DAG said the appointment was made keeping in view the experience and education criteria set for the post in accordance with the law. One petitioner Muhammad Rashid, who himself was a candidate for the post, challenged the advertisement given for the post and contended that the age limit for the applicants mentioned in the advertisement was contrary to the NADRA Ordinance 2000.
Through his petition, Muhammad Rashid challenged the advertisement published in the newspaper for inviting applications to the post of NADRA chairman. He said that in NADRA Ordinance, 2000 there is no age limit for inviting applications for the post of Chairman, NADRA but federal government has fixed the age of 55 years (maximum). In his petition, the petitioner has sought "alike treatment" for himself.
Copyright Business Recorder, 2020
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