PESHAWAR: The Peshawar High Court (PHC) on Tuesday declared the appointment of the chairman Board of Intermediate and Secondary Education (BISE), Bannu, null and void and directing the provincial government to re-advertise the post and make a fresh appointment on merit within three months.
Justice Ijaz Anwar also issued a detailed 14-page written judgment, stating that in the interim period, the charge of chairman should be assigned to a suitable and responsible officer.The petitioner, Jahangir Khan, argued in his writ petition that he had secured the top position on the merit list, but the summary was allegedly returned due to political influence.
Petitioner’s counsel Javed Ali Ghani informed the court that his client had been shortlisted by the search and scrutiny committee, and when the summary was sent to the chief minister, his client’s name was at the top.
He pleaded that initially, three candidates were included in the list, but later, on the chief minister’s instructions, an officer ranked fourth was unlawfully added to the panel, and a revised summary was sent. Subsequently, a notification issued on May 13, 2025, led to the appointment of respondent No. 6, which, he argued, was against the principles of law and justice.
On the other hand, the additional advocate general and counsels for the respondents contended that it was within the chief minister’s discretion to approve a name from the panel. They argued that the revised summary was sent to select a more suitable candidate and that the appointment was made in accordance with the law.
According to the written judgment, the chairman holds full administrative authority to manage and control the board’s affairs, as defined under the Board of Intermediate and Secondary Education Act, 1990.
The court expressed surprise that a candidate ranked fourth was elevated to third position and subsequently appointed for a three-year term through a revised summary. Although the minutes of the search and scrutiny committee were presented in court, the judgment noted that the committee’s recommendations were not duly considered for this key position.
The court held that while the chief minister, as the controlling authority, exercised discretionary powers, such powers are not absolute and must be exercised in accordance with the law. Referring to a Supreme Court ruling, the court observed that since the search and scrutiny committee had been constituted and authorized to recommend a panel of three candidates, any deviation from this process was unlawful.
The court consequently set aside the notification dated May 13, 2025, and directed the provincial government to ensure a transparent, merit-based process by re-advertising the position.It further ordered that the controlling authority assign the interim charge of the chairman to a competent officer and complete the appointment process within three months.
