LEGAL MATTERS
This Section lays down rules pertaining to legal matters connected with the process of recruitment, with particular emphasis on submission of appeals and review petitions by candidates, manipulations/alterations in official documents, display of acts of cheating and misbehaviour by candidates during examinations and tests.
Practices which are Prejudicial to Fair, Transparent and Orderly Process of Selection Following practices, if indulged in by any aspiring candidate for service with Government of Sindh, will be considered unfair and prejudicial to good, transparent and orderly conduct of process of selection:
a. Furnishes his/her particulars or information, which is false or incorrect and from which advantage accrues to the candidate.
b. Suppresses material information.
c. Attempts to influence the Members of the Commission, the officers and officials of the Commission, any Advisor and Departmental Representative called as member of a selection panel/committee.
d. Canvasses in any form for his/her induction in Service.
e. Attempts to obtain support for his/her candidature through improper means
f. Submits forged certificates/degrees/or other documents.
g. Tempers with the entries in his/her age and academic certificates.
h. Misbehaves in the examination hall.
i. Displays an act of misconduct during examination or test/interview.
j. Fails to observe the instructions issued by the Commission.
k. Uses unfair means in a test/exam conducted by the Commission.
l. Impersonates at any stage of selection of process in any form.
m. Leaves any sign or evidence, puts his/her signature and writes name or appeals on the answer sheet to the examiners in any way to gain advantage.
Action Against Candidates Using Unfair Means
Candidate(s) found using unfair means in the examination hall, is/are liable to disqualified and/or debarred from any examination, test or interview for any post held or to be held by the Commission in future, and/or criminally persecuted/debarred from any employment with the Government.
Opportunity to Candidates to be Heard
Any candidate who falls in any category listed shall be given every opportunity by the Member in Charge, to explain his/her position, both in writing and by personal appearance. Action will be taken against the candidate only after he/she has failed to satisfy the Commission or has failed to respond or appear before the Commission when asked to do so.
Procedure to be Adopted Against Candidates Found Guilty of Violation of Rules
A candidate found guilty of misconduct, misbehavior or violation of rules set for orderly, fair and transparent recruitment process, shall be proceeded against, by the Commission as under:
a. A candidate who violates any instructions or is found to intentionally suppress or provides incorrect information or submits forged/tempered documents with the aim to get unfair advantage, will be served with a notice by the Member in Charge. Such candidates are to be allowed not more than fifteen (15) days, or less if urgency so warrants, to explain his/her position in writing.
b. Notice referred to in Sub-Article a above, shall provide to candidates details of allegations against him/her.
c. If the candidate’s response to the notice is acceptable to the Member in Charge, the matter will be dropped.
d. If the candidate’s explanation is not found cogent and acceptable, he/she be given an opportunity to appear for personal hearing before the Member in Charge for his/her defence. If the candidate fails to appear before the Commission, ex-parte proceedings will be instituted against him/her and decision taken accordingly.
e. The Member in Charge will carefully scrutinize the evidence and explanation of the candidate to draw fair and logical conclusion to determine if any action against the candidate for the omission or unfair action is warranted.
f. If the candidate fails to satisfy the Member in Charge and there are strong evidences that proves his/her misconduct, and in the opinion of Member in Charge, he/she must be proceeded against, the case shall be placed before the Full Commission with the permission of Chairman, for further disciplinary action(s).
g. If the candidate on his/her personal hearing satisfies the Member in Charge, the case against him/her shall be dropped.
h. If any candidate is found guilty of omissions and/or misconduct or use of unfair means, he/she is liable to suffer one or more of the following actions:
1. Cancellation of his/her candidature for post applied for.
2. Permanent disqualification from applying for any SPSC advertised posts.
3. Temporary disqualification for applying for any SPSC advertised posts.
4. Registration of criminal case for act of forgeries.
5. Any other action the Commission may deem fit.
Right of Appeal Against SPSC Decisions
Notwithstanding anything to the contrary contained in the regulations, all orders relating to initial scrutiny of applications, eligibility and short-listing, which adversely affect a candidate, may be assailed by an applicant through an appeal to Sindh Public Service Commission within 15 days from the date of passing of such order. However, any delay in the matter may be condoned for valid and acceptable reasons. The appeal shall be disposed off expeditiously by the concerned Member in Charge and in his absence by a Member nominated by the Chairman.
Review Petition
A candidate who is not satisfied by SPSC decision on rejection of his/her appeal, may, within ten (10) days of such rejection, file a Review Petition with the Commission. The Chairman shall appoint any Member to process the petition. The nominated Member of the Commission shall decide the Review Petition within ten (10) days of its receipt and inform the petitioner of its decision. The decision of the Commission shall be final.
Delay in Decision on Appeals and Review Petitions
Any delay caused in the decisions on appeals or review petitions due to reasons for want of information clarification connected with it, from any Government Department or other sources, an interim reply shall always be preferred by Member in Charge to the appellant/petitioner.
Review Petition on Rejection of Research Work
A candidate can file a review petition before Commission in case his/her Research Work has been rejected on the ground that the level or quality of his Research Work was not up to the required standard or was not relevant to the job description of the post. The Member in Charge, nominated by Chairman to process the case, will decide the review petition of the candidate according to the prescribed procedure of the Commission. Where necessary, the Member in Charge may grant personal hearing to the candidate. If considered essential the expert or subject specialist who evaluated the research work in the first place, may also be consulted before final decision is arrived at by Member in Charge. The decision of the Commission on the candidate’s review petition will be final.
Procedure for Processing Appeals/Review Petitions
The Commission shall adopt following procedure for processing appeals and review petitions:
a. The Chairman shall appoint a Member in Charge to consider and decide the appeal.
b. The concerned Branch shall receive the appeals/petitions and expeditiously process the same, endorse its remarks thereon and submit it to the nominated Member.
c. Member in Charge shall examine the appeal/petition on the basis of facts submitted by the candidate and remarks of the concerned Branch in Charge.
d. The appellant/petitioner may be called upon for personal hearing, if required.
e. Member in Charge shall, purely on the merit based on facts available, assess and decide the appeal/review petition.
f. Decision taken by the Member in Charge shall be final.
g. Outcome of the appeal/review shall be conveyed to the candidate without any delay on the prescribed form.
h. While processing the appeals/review petitions, Chairman SPSC shall be kept fully informed at all the stages by the Member in Charge.
i. Any subsequent representation received shall also be processed in similar manner prescribed in the preceding sub-articles.
Relaxation of Time Period for Rectification of Correctible Omissions by the Candidates
Where omissions are made due to certain unavoidable circumstances, the Commission may, depending upon the nature of each case, allow some additional time period to candidates to make good the deficiencies. However, such concessions will be restricted to submission of the document(s) at least three (3) days before the final Interview for the post. Changes in the contents of document made after the Closing Date shall not be allowed in any case.
Detection of Deficiencies/Anomalies During the Process of Selection
If at any stage during the process of selection or even after the recommendations have been sent to the concerned Department, a candidate has been found to be deficient in any of the conditionality of eligibility, his or her eligibility will be cancelled and recommendations (if sent) withdrawn.
Maintenance of Debarred Candidates List
An updated list of such candidate who have been debarred or referred for disciplinary action, is to be maintained to ensure that such candidates do not re-apply during the period such restrictions are enforced on them. On expiry of such period his/her name is to be removed from the list so maintained.
Preparation of Merti list and Allocation of Service in Combined Competitive Examinations
Procedure for Allocation of Service
Finally selected candidates will be allocated Services/Posts in accordance with following rules: a. After the preparation of final merit list, the allocation of service/post, will be made to a candidate on the basis of merit cum-option of the candidate. b. If a candidate due to his/her merit cannot be allocated to service/post of his/her first choice due to exigencies of service, he/she will be allocated to service of his/her subsequent choice(s) on the basis his/her position on the merit list. c. Irrespective of his/her position on the Merit List, the Commission shall not allocate any service/posts to a candidate for which he/she had not exercised his/her option, even though according to his/her position on the merit list he/she becomes eligible for such post. d. Female candidates cannot opt for a post/service exclusively meant for male candidates and vice versa. e. Allocation announced by the Commission will be considered as final. f. Allocation shall be in accordance with the rural-urban and male-female quota indicted by the Administrative Department. g. Allocation of service will not be changed on the request of a candidate or the Department.
