ISLAMABAD – A student asked the Supreme Court of Pakistan to take suo moto notice of amending qualifying rules for CSS 2013, 2014, 2015 and 2016 by Federal Public Service Commission by deleting the word or unlawfully without the approval of the federal government.
The qualifying criteria were changed in 2013 CSS exams by the deletion of word “or” from the qualifying rule unlawfully. Section 7A of the Federal Public Service Commission (FPSC) Ordinance 1977 clearly states that all the rules can only be made or amended with the prior approval of the federal government, but in this case, no proposal was sent to change the rule, nor was any permission given by the prime minister.
As a consequence, the candidates failing in optional subject but obtaining aggregate marks used to have been declared pass for decades, but now they being failed unlawfully due to the above-mentioned amendment.
The above unlawful change has caused the CSS result to plummet over the years spanning 2008 (16.22%) and 2009 (15.77%), 2010 (8.22%) 2011 (9.71 %) and 2013 (7.95 %) to 2013 (2.091 %), 2014 (3.3%), 2015 (3.11%) and 2016 (2.16%).
He said the FPSC is deceiving the masses by insinuating that results have been gone down because the education standards in the country have gone down, as stated by FPSC in Senate’s Standing Committee on CSS in 2016.
He quoted Article 90 of the Constitution of the Islamic Republic of Pakistan has defined the “Federal Government” which is further elaborated by the Supreme Court of Pakistan in its judgment reported as PLD 2016 SC808 (Mustafa Impex v. Government of Pakistan).
The of the FPSC is against the Constitution and Rules of Business 1973, read with entry 5 of the Schedule V-A of the said rules provides that “No order shall be issued without The approval of the Prime Minister (cases enumerated in Schedule V-A).
He prayed the Chief Justice of Pakistan to take suo moto notice in this atrocity/irregularity committed by the FPSC because of failing the candidates at their own will in CSS examinations w.e.f CSS 2013 onward, as this irregularity is still continuing in Pakistan unnoticed.
He stated that the Supreme Court is the only apex body which can expose this irregularity as has been done in cases of Sindh Public Service Commission Baluchistan Public Service Commission and also the same action has been taken by the Supreme Court of Azad Jammu and Kashmir against Azad Jammu and Kashmir Public Service Commission.
He requested the court to direct the commission to qualify him in written exams of CSS-2016 as per the approved/original rules. -Online