In a landmark judgment on Tuesday, the Balochistan High Court declared bureaucrats appointments as project directors illegal saying only engineers are competent to oversee the infrastructure development projects.
Pakistan Engineering Council’s (PEC) much awaited demand has been validated through the verdict as no bureaucrat will be appointed project director (PD) but a qualified engineer to superintend development projects in the province.
In December, 2020, Advocates of High Court Umer Ijaz Gilani and Aimal Khan Kakar have invoked the Balochistan High Court (BHC) jurisdiction on behalf of Pakistan Engineering Council (PEC) who first time in the history had challenged appointments of deputy commissioners as project directors (PDs) in the Government of Balochistan. Finally, the engineers achieved a historic victory in the matter on Tuesday.
The Policy for appointment of PDs will not only secure the rights of Balochistan’s engineers, it will serve as a model for other provinces too. Pakistan’s engineers have always fought courageously for their legal rights and for creating good governance.
Both the Advocates termed practice to appoint bureaucrates as PDs instead of engineers a grave violation of Pakistan Engineering Council Act 1976 saying the subjugation of experts to the control of generalists is a continuation of the colonial-era governance practices. The then Chief Justice Jamal Khan Mandokhail took stern notice of the issues raised in the petition and called for the government’s reply.
During the hearings, provincial law officer assured the Court that the Provincial Cabinet of Balochistan has approved an official policy regarding appointment of project directors. The policy, which has been issued in response to the plea of the PEC, puts an end to the practice of appointing bureaucrats as project directors. Only qualified persons, such as engineers, will be appointed as PDs of development projects.
It is pertinent to mention that earlier, the case got adjourned a couple of times. However, on 19th April, 2021, the provincial government took everyone by surprise. Additional Advocate General Shai Haq Baloch informed the court that Chief Minister Jam Kamal has agreed, in principle, with the PEC’s stance. He placed on court record a draft policy titled “Policy for Appointment of Project Directors (PD)”. Clause 7 of the Policy states that only experts would be appointed as Project Directors. . The Court sought the PEC’s comments on the Policy.
On 25th May, 2021, The PEC submitted its written feedback to the Court. Amongst other things, the PEC called for ensuring compliance with S. 27 of the PEC Act which states that engineering work can only be performed by qualified professional engineers. The PEC also called for giving subject-matter experts a greater role in the Selection Committee for recruitment of PDs. The Court appreciated PEC’s comments and directed the Government to consider the same and to finalize the policy at the earliest. On the next date, i.e. 16th May, 2021, the Advocate General informed the court that PEC’s feedback had been considered and a revised draft of the Policy would be placed before the Provincial Cabinet soon.
During the course of proceedings, the Advocate General stated at the bar that the revised Policy on Appointment of PDs has been approved by Balochistan Cabinet. The practice of appointing non-technical persons as PDs is now a part of history, counsel for the PEC Umer Ijaz Gilani said.
Finally on Tuesday, a division bench of the BHC comprising Chief Justice Naeem Akhtar Afghan and Justice Iqbal Ahmed Kasi announced the verdict which last hearing was conducted on October 05,2022.
Chief Justice of the BHC Justice Naeem Akhtar Afghan authored the 16-page verdict in response to identical pleas in the matter and declared notifications null and void under which Planning & Development department of Balochistan government has appointed divisional commissioners as PDs for establishment of sports complexes in various district headquarters.
The court also declared another notification illegal relating to assigning additional charge of the PD for Development of Sui Town Dera Bugti project to deputy commissioner Dera Bugti being violative of the guidelines of the provincial planning commission.
“We have been informed by learned Additional Advocate General Balochistan that while drafting the policy for appointment of the PDs for execution of the development projects in the province, the guidelines of the planning commission have been considered an input has also been availed from the stakeholders. It is expected that provincial cabinet and the government will finalize the Policy for appointment of the PDs for execution of the development projects at the earliest in view of the guidelines of the Planning Commission and top court judgement of April 24,2018”, stated in the verdict.
