Appointments for Honorary Positions in Public Offices

In Pakistan Electronic Media Regulatory Authority (PEMRA) vs. ARY Communications Ltd. and others (2022 SCMR 1923), the Supreme Court of Pakistan addressed whether honorary appointments to public offices, specifically the Chairperson and Members of the Council of Complaints (COC) of PEMRA, should be made through an open, competitive process, or if the government could directly appoint individuals.

Background:

The case emerged from constitutional petitions filed by television broadcasting companies and a private citizen, challenging the appointments of the Chairperson and Members of the COC, Sindh, PEMRA. The petitioners sought a writ of quo warranto, alleging that the individuals holding these offices were unfit and not qualified. The High Court of Sindh dismissed the petitions but directed that future appointments should be made following a public advertisement for the positions. PEMRA challenged this direction, arguing that there is no statutory requirement for such advertisements under the PEMRA Ordinance, 2002, since the appointments are honorary and not categorized as civil service posts.

Key Issues:

Need for Public Advertisement in Honorary Appointments: Whether appointments to honorary positions, such as the Chairperson and Members of the COC, require a public advertisement and competitive selection process.

Interpretation of Statutory Requirements for Public Office Appointments: Whether the absence of explicit provisions for public advertisement in the PEMRA Ordinance, 2002, and related rules negates the need for an open selection process for honorary positions.

Implications for Equality and Non-Discrimination in Public Appointments: The importance of maintaining transparency and meritocracy in appointments to public offices, regardless of whether the positions are honorary or remunerated.

Court's Analysis:

Importance of Open and Competitive Selection: The Supreme Court highlighted the significance of an open selection process for appointments to public offices to ensure that the most qualified individuals are chosen. The Court emphasized that public appointments, including honorary ones, must be made transparently and competitively to attract a wide pool of candidates, thereby enhancing governance and public confidence in the process.

Statutory Interpretation and Legislative Intent: While recognizing that the PEMRA Ordinance and the Rules did not explicitly require public advertisement for the COC positions, the Court interpreted these provisions in light of their purpose: to ensure that only “citizens of eminence” are appointed. The Court concluded that achieving this legislative intent necessitates an open call for candidates to maximize talent and uphold the meritocratic principles embedded in the law.

Constitutional Principles of Equality and Non-Discrimination: The Court stressed that the constitutional guarantees of equality (Article 25) and non-discrimination (Article 27) apply to all public appointments, whether paid or honorary. It asserted that meritocracy and transparency are essential in all public appointments to prevent elitism and ensure equal opportunity, thereby fulfilling the constitutional mandate.

Court's Conclusion: The Supreme Court upheld the High Court’s direction that future appointments to the COC must be made after advertising the positions. The Court clarified that while direct headhunting could complement the advertisement process, it could not replace it. Both methods should work in tandem to identify the best candidates.

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