FCC upholds SHC ruling on Sepa DG appointment criteria

ISLAMABAD: The Federal Constitutional Court (FCC) has upheld a Sindh High Court (SHC) ruling on the criteria and procedure for appointing the director general of the Sindh Environmental Protection Agency (Sepa), holding that the post must be filled in line with the applicable legal framework because of its direct link to the protection of fundamental rights.

The ruling came as the FCC dismissed multiple petitions filed by the Sindh government against the SHC judgement concerning the appointment requirements for the Sepa director general.

The dispute stemmed from a Sindh government notification issued on July 21, 2025, which said appointments to the post of Sepa DG could be made through transfer from among officers of the Pakistan Administrative Service, Provincial Management Service and allied services. The FCC noted that the notification did not expressly include the technical qualifications required under the earlier Recruitment Rules of 2009.

In its judgement dated Nov 12, 2025, the SHC had held that the post required the prescribed technical qualifications and relevant experience. The provincial government then approached the FCC under its constitutional jurisdiction.

Constitutional protections cited

In a four-page judgement authored by Justice Rozi Khan Barrech, the FCC said Sepa’s role was central to the enforcement of environmental laws and to the protection of constitutional guarantees under Articles 9 and 9-A. Justice Barrech was part of the two-member bench headed by Justice Aamer Farooq.

The judgement said the insertion of Article 9-A through the 26th Constitutional Amendment had expressly guaranteed every person the right to a clean, healthy and sustainable environment. The office of the Sepa DG was a key position in a statutory authority tasked with implementing environmental laws, and that the nature of the office required not only administrative ability but also clear technical expertise.

The court observed that the Sepa DG is responsible for enforcing environmental laws meant to protect the public from pollution and other environmental hazards. Failure to follow the technical qualifications and experience requirements laid down in the 2009 Rules could result in the appointment of individuals without the expertise needed to deal effectively with environmental matters. "It is, therefore, essential that the appointment process for the Sepa DG strictly complies with the established legal framework to ensure that the fundamental rights of citizens are upheld and protected."

Court backs SHC directions

The judgement further said that if the impugned notification were read in isolation, it would effectively do away with the essential qualifications required for a specialised technical office and reduce the position to a purely administrative one. Justice Barrech said such an interpretation would defeat both the statutory scheme and the legislative intent.

The FCC also found no defect in the SHC directions for re-examining the appointment of the incumbent additional director general and for verification of academic credentials through the Higher Education Commission. According to the judgement, those directions were in line with the governing legal framework and were aimed at ensuring transparency, fairness and merit in the appointment process.

As a result, the FCC dismissed the Sindh government’s petitions and upheld the SHC directives in full.