IHC reserves verdict on ICA challenging DG Hajj appointment

A hearing challenging the appointment of Director General Hajj was heard in intra-court appeal against the judgment of single judge by division bench comprising Justice Amir Farooq, Chief Justice Islamabad High Court (IHC), and Justice Saman Rafat, where earlier petition of the appellant was dismissed. The petitioner challenged the judgment dated 22.12.2022 of single judge before the division bench on the ground that the judge failed to incline that it was clear case of gender discrimination as the appellant got highest marks in written test for the post of Director General Hajj and how it was possible that she failed in interview. The counsel of appellant finally prayed that the impugned judgment may kindly be set aside. Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court, appeared for the Ministry of Religious Affairs and submitted in court that the ministry was mandated for the efficient and effective Hajj operation and the appointment of DG (Hajj) is the core responsibility of this ministry. He said the ministry sought nominations from suitable candidates among government servants on 1st April, 2022 and 1st September, 2022 as per prescribed Policy Guidelines for Foreign Appointments and Postings issued by Establishment Division. 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.