The counsel of the ministry further submitted that in order to ensure transparency, a written test was conducted on 25th September, 2022 by Institute of Business Administration (IBA), Karachi and as a result, only 02 candidates could qualify the written test including the Petitioner. He further submitted that in order to have a healthy competition at least three candidates were required to be placed before Special Selection Board (SSB), as per Establishment Division’s “Guidelines for Selection of the Officers for posting abroad in Pakistan Missions, and accordingly a summary was moved to Prime Minister through Establishment Division to allow for the post of DG (Hajj) to be re-circulated because of the poor result exhibited by the candidates who appeared in written test.
The counsel further submitted that subsequently, as per advice tender by Establishment Division, this Ministry conducted interview of the two qualified candidates on 26th October, 2022 by a committee / SSB constituted by the Prime Minister’s Office, and accordingly the interview was conducted on 26th October, 2022, by the committee constituted by the Prime Minister, and Two candidates appeared before the committee. After conducting interview, the committee did not recommend anyone of the candidate as the marks obtained in the interview were less than the required threshold of minimum passing marks of 50% and recommended for re- initiation of the process for the appointment of DG, Hajj and further recommended that the case may be forwarded to Establishment Division for consideration of the Prime Minister’s Office. Hafiz Ahsaan Khokhar further explained that pursuant to the recommendation of SSB, a summary was moved to the Prime Minister Office through Establishment Division and the same was endorsed by Establishment Division on 31st October, 2022 and approved by Prime Minister Office on 18th November, 2022.
The counsel further submitted that consequently the ministry re- circulated for the post of DG (Hajj) on 21st November, 2022 wherein the petitioner re-appeared in the written test conducted by the IBA, Karachi on 25th December, 2022 and after the qualification appeared for the interview, and among those three successful candidates a summary for appointment to PM would be moved. Hafiz Khokhar submitted that there was no discrimination at all, and all the legal process and instructions were followed. He submitted at bar that the appellant could not be appointed as a right when particularly she had failed in interview for the said post and even could not cross the benchmark of 50%, thus this appeal against the judgment was not maintainable. The division bench after hearing both sides reserved the judgment.
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