Constitutional Court sets six principles for vetting government job candidates
The Federal Constitutional Court has laid down six principles for checking the character and past cases of candidates before government recruitment. It ruled that an FIR alone cannot automatically disqualify a candidate.
- Court set 6 principles for vetting candidates for government jobs
- Registration of an FIR alone cannot automatically disqualify a candidate
- Petitioner Abdul Latif's candidacy for police driver constable restored
- Appointment order to be issued within 30 days
The Federal Constitutional Court has set out six principles for verifying the character and past cases of candidates before they are recruited to government jobs. The principles were laid down in a written judgment in a case about police driver constable recruitment, issued by Chief Justice Amin ud Din Khan.
The court ruled that the registration of an FIR alone cannot automatically disqualify a candidate. In its words, as quoted by Nawa-i-Waqt, the Federal Constitutional Court said: "Mere registration of an FIR cannot become a ground for automatically disqualifying a candidate from government employment" (translated from Urdu).
The court said a judicial acquittal will be recognised and that the candidate's background and eligibility must be assessed objectively. A negative character verification, it held, must rest on authentic and verifiable evidence rather than speculation.
On police character certificates, the court ruled that after an acquittal a past case cannot be shown negatively. Cases that are still pending may be mentioned only as pending.
The court also said a candidate generally cannot be excluded from recruitment without a hearing and without reasonable grounds. Recruitment decisions must follow constitutional principles of legal standards, merit, justice and equality, and after an acquittal the administration cannot decide on mere suspicion.
The petitioner, Abdul Latif, was second on the merit list for driver constable. He had been acquitted in a case in 2018 and held a clean police character certificate, but the police department refused his recruitment.
The court annulled the notification that disqualified him despite the acquittal, and also set aside the decision of the Lahore High Court Multan Bench in the same matter. It restored his candidacy and directed the relevant authorities to complete the medical examination and other legal procedures and issue the appointment order within 30 days.
Why it matters for Pakistan
The ruling sets rules for how government jobs are filled, which affects job seekers across Pakistan. Candidates who have been acquitted in past cases can point to the court's position that an acquittal must be recognised and a pending case may be noted only as pending. Recruiting departments, including police, are expected to base negative character findings on verifiable evidence and to hear candidates before excluding them.
