Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 6(1),6(2),9

Law: Rules of Business (Federal), 1973

Section: 15(2)

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002) [as amended by the Pakistan Electronic Media Regulatory Authority (Amendment) Act (II of 2007)] --- ----Ss. 6(1), 6(2) & 9---Rules of Business, 1973, R.15(2)---Chairman of Pakistan Electronic Media Regulatory Authority ("PEMRA"), appointment of---Advertisement for the post and selection process---Non-transparency and non-objectivity---Eligibility and educational qualification criteria advertised for the post of Chairman PEMRA was subsequently watered down through a fresh advertisement, with ulterior motives, seemingly to accommodate the respondent (incumbent Chairman PEMRA)---In the earlier advertisement, the criteria of appointment was the guidelines laid down by the Supreme Court in different cases for appointments to regulatory bodies, but the subsequent advertisement provided that the selection was to be made in line with the Civil Establishment Code, 2007---Furthermore no record had been produced before the court which would shed any light on the respective academic qualifications of the candidates who appeared before the Selection Board and which were taken into consideration for the purposes of comparative analysis between the respondent and the other candidates---Record was lacking in any material particulars regarding the objective criteria followed by the Selection Board in order to show objectivity, transparency and due diligence---Composition of the Selection Board entirely consisted of members who were part of the Government and directly reported to the Prime Minister---None of the members of the Selection Board was specialized in the field of media or transmission---No proper summary was presented before the Prime Minister in terms of R.15(2) of the Rules of Business, 1973 to enable him to make the selection for the post in question---Salary package approved for the respondent was far in excess of the one which was mentioned in the advertisement and also much more than the salary due to an officer in the respondent's pay scale---No document was produced which would show that the salary package of respondent was approved by the President, as required under S.9 of the…

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