ISLAMABAD: The Supreme Court struck down the 15 years’ age relaxation accorded in the upper age limit for all applicants applying for the vacancies in the departments of the Government of Sindh, except the Police Service post and the post to be filled through the Combined Competitive Examination by the Sindh Public Service Commission (SPSC).
The SPSC asked to re-advertise the Assistant Conservator Forests (BPS-17) and allow all interested candidates to participate in the competitive process as directed by the learned High Court.
The relaxation accorded in the upper age limit vide Addendum PSC/EXAM: (C.S)/2020/ 123, dated 08.09.2020, whereby it was notified that the age relaxation in the upper age limit for vacancies in all departments is subject to policy/notification of the Government of Sindh.
Sindh govt announces relaxation in age limit for jobs
Furthermore, it was communicated in the same addendum that a general age relaxation of up to 15 years in the upper age limit applies to vacancies in all the departments of the Government of Sindh.
The judgment, authored by Justice Muhammad Ali Mazhar, noted that the maximum upper age relaxation of 10 years Rule 12 (2) of the Sindh Civil Servant (Appointment, Promotion and Transfer) Rules, 1974 (APT Rules) has been modified and extended up to 15 years with retrospective effect pursuant to the Notification dated 27.07.2020 during the period from 1st July 2020 to 30th June 2022.
The court stated that the notification approving this huge relaxation in the upper age limit in juxtaposition with Regulation 0612 of the 2006 Regulations, clarifies that the Government of Sindh could only relax the age of eligible candidates at its discretion through an age relaxation order which could be issued collectively or specifically for any candidate.
The Sindh chief secretary categorically admitted the anomaly before the Court, but placed an irrational justification that since no major appointments were made in over a decade, this benefit was, thus, accorded.
The judgment said nobody had stopped the government from initiating the recruitment process through the SPSC in line with the requirement of human resource and if, for any reason, the Government of Sindh discontinued or banned the recruitment, then it does not give license to exercise unbridled discretion in granting age relaxations beyond logic.
“Discretion generally means selecting from among available options or having the freedom of choice. However, in administrative law, it refers to the ability to make administrative decisions, keeping in view the law and established rules, rather than acting on individual whims or caprices.”
All judicial, quasi-judicial, and administrative authorities must exercise power in a reasonable manner and also must ensure justice as per the spirit of law and instruments regarding exercise of discretion.
Copyright Business Recorder, 2024
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