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ISLAMABAD: The Federal Constitutional Court (FCC) directed the Khyber Pakhtunkhwa government to re-initiate the recruitment process for the posts of Class-IV employees at the DHQ Hospital, Karak, strictly in accordance with the law on the subject. It also ordered that the newly constituted Departmental Selection Committee (DSC) shall not advertise these posts afresh; rather, the selection process shall be conducted based on the list of candidates already invited by the first committee and available on record. The Court said that the newly constituted committee shall examine the eligibility and suitability of each candidate in accordance with the prescribed requirements for the respective post, including age, qualification, and character verification. However, no candidate shall be disqualified solely on the ground of age, provided that he meets the maximum age requirement on the date of the advertisement; i.e., 02.02.2020, and is otherwise qualified for appointment to the post. It further said that the recommendations made by the first committee, as well as the appointment orders issued in favour of the present petitioners by the appointing authority based on the recommendations of the second committee, are hereby set aside, being void ab initio and a nullity in the eyes of the law; The FCC directed that the entire recruitment process shall be completed within a period of sixty (60) days from the date of this judgment, and compliance shall be reported to this Court (FCC) through the Deputy Registrar (Judicial). The judgment also directed the KPK government to initiate departmental proceedings against the delinquent officers and officials in accordance with the relevant laws and rules, to ensure that such irregularities are not repeated in the future. A two-judge bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Syed Arshad Hussain Shah, heard petitions against the Peshawar High Court judgment dated 22.05.2025. Dr Fakhar-e-Alam, the then Medical Superintendent (MS) of the District Headquarters (DHQ) Hospital, Karak, issued a public notice on 02.02.2020 in a local daily newspaper inviting applications from eligible candidates domiciled in District Karak for appointment to the posts of Class-IV employees at the DHQ Hospital, Karak. He constituted a Departmental Selection Committee (first Committee), comprising himself (Dr. Fakhar) as Chairman, the Section Officer, Health Department, Khyber Pakhtunkhwa, and Dr Khalid Zamir, Deputy MS DHQ Hospital, Karak, as the Members. The Committee, vide its Minutes of the Meeting dated 26.02.2020, made certain recommendations in respect of the eligible candidates; however, the appointing authority abstained from issuing appointment orders to the recommendees in view of the restraining order of the PHC dated 12.06.2019. Later on, Dr Fakhar-e-Alam was transferred vide Notification dated 04.03.2020 and was succeeded by Dr Jamil Anwar, the new MS DHQ Hospital, Karak vide another Notification of the same date. In the meantime, the PHC disposed of the writ petitions vide order dated 08.09.2020, with a direction to the appointing authority to act in accordance with the law, rules, and policy governing the subject, and to afford a fair opportunity to the deserving candidates. Dr Jamil Anwar, MS, vide Office Order dated 17.09.2020, constituted a fresh Departmental Selection Committee (second committee) comprising himself as Chairman, a representative of the Secretary, Health, Khyber Pakhtunkhwa, and Dr Rehman, Deputy MS DHQ Hospital, Karak, as the members. The meeting of the second Committee was scheduled for 18.09.2020 to complete the process of the aforementioned Class-IV appointments. Dr Jamil Anwar, MS, based on the recommendations of the second Committee, issued separate appointment orders, all dated 19.09.2020, to the recommendees. Copyright Business Recorder, 2026
