PESHAWAR: The Peshawar High Court (PHC) on Wednesday declared null and void the appointment of Ali Asghar as a member of the Khyber Pakhtunkhwa Public Service Commission (KPPSC) by the provincial government without consultation with the governor and allowed the writ petition filed against his appointment.
A two-member bench comprising Justice Naeem Anwar and Justice Kamran Hayat Miankhel heard the petition filed by Muhammad Owais.At the outset of the hearing, counsel for the petitioner Lajbar Khan and Jehanzeb Mehsud appeared before the court while an additional advocate general represented the provincial government.
During arguments, the petitioner’s counsel contended that under the law, the KPPSC was a provincial institution, and the appointment of its chairman was made by the governor on the recommendation of the chief minister.
In this regard, on January 16, 2025, the KP chief minister had sent a summary to the governor seeking approval for the appointment of the chairman, which was duly endorsed. However, the summary relating to the appointment of a member was returned on the grounds that, under the law, the appointment of members falls within the exclusive authority of the governor, and the recommendations sent by the CM in this regard were unconstitutional.
The petitioner’s counsel further submitted that the provincial government’s rules clearly provided that the governor was bound to approve the name recommended by the CM for appointment as chairman. However, there was no provision requiring the CM’s consultation in the nomination of members; rather, this was the sole discretion of the governor.
It was argued that when the governor raised objections, the provincial government proceeded to appoint Ali Asghar, a retired grade-20 PCS officer, under Section 33, claiming that after fulfilling legal requirements and in the absence of the governor’s approval, the CM was empowered to nominate any person as a member of the KPPSC. The counsel maintained that the objections raised by the governor were fully in accordance with the constitution and the law. Although the governor must act on issues under the chief minister’s authority, the selection of Public Service Commission members rests solely with the governor and does not require the chief minister’s approval..
The petitioner’s counsel alleged that the provincial government was unlawfully interfering in matters beyond its authority and attempting to bring every institution under its control. He argued that instead of allowing the governor to make a nomination after raising objections, the provincial government issued a notification appointing Ali Asghar as a member, despite lacking the legal authority to do so.
During the hearing, the bench questioned the provincial government’s counsel as to whether consultation with the CM was mandatory in the appointment of members. In response, the petitioner’s counsel reiterated that no such law existed and that the statutes clearly vested the power of appointing members solely in the governor. Therefore, the appointment in question was unconstitutional and unlawful and liable to be set aside.After hearing the arguments, the court allowed the writ petition and declared the appointment of the member of the KPPSC by the provincial government null and void.
