SHC takes exception to NAB officer’s appointment as education dept’s project director

The Sindh High Court took exception to the appointment of a National Accountability Bureau officer as project director of the education department’s multimillion-dollar e-books and e-exams projects.

“It is shocking that a NAB officer has been entrusted with the role of a project director for a project involving foreign funds amounting to millions of US dollars,” observed a division bench headed by Justice Salahuddin Panhwar in a case pertaining to the authorities’ failure to supply textbooks to government students.

The court observed that the appointment of an individual from the Accountability Bureau to such a highly responsible and a departmental oriented (post) role is highly questionable, as it encompasses a clear conflict of interest.

It said NAB officers, whose primary responsibility is to investigate & prosecute cases of corruption and misappropriation of public funds, should not be placed in positions where they may be directly involved in the administration, management and disbursement of money for projects from the public exchequer.

The court also observed that the role of project director, particularly in projects that affect the education sector and involve foreign funding, demands the appointment of an individual having an undisputed track record, who not only possesses strong administrative capabilities but must also possess a clear and in-depth understanding of the local challenges and dynamics surrounding the execution of such public project.

The court directed that it is essential to appoint someone who is equipped with both the expertise and the commitment necessary to carry out and address the needs of the education sector, particularly for children from the deprived areas and backgrounds.

It directed the chief secretary and the secretary of schools education department to ensure that the NAB officer is repatriated to his parent department within 10 days, without fail. The court directed that the vacant post be filled by an officer of impeccable integrity, specifically a CSS officer, being well-acquainted with the education sector, and that the officer should possess a thorough understanding of the unique challenges faced by Sindh’s Education Sector, including but not limited to regional disparities in educational access, literacy rates and infrastructure development.

The SHC said a compliance report shall be submitted before the next date of hearing through the Additional MIT-II without fail, else the delinquents will expose themselves to the proceedings against them for the willful defiance of court’s order, as per the relevant contempt of court laws.

The court also inquired the secretary, schools education & literacy department, about the provisions and availability of e-books and e-exams, as it has also come on record that the province of Sindh had signed a certain MoU with a foreign donor agency/bank, agreeing thereby to receive 82 million dollars to launch this project in 2020 up to 2024.

The court was informed that they have received 20 million dollars, out of which 12 million dollars have been utilized. The secretary submitted that there are other projects under the name of RSU/soft project, wherein they received 42 million Euros from the European Union, as well as funds from JICA (Japan International Cooperation Agency) with regard to the construction of schools through one Maqbool, a contractor.

The court observed that there is a separate wing of the Education Works Department in which all JICA projects have been assigned to one contractor Maqbool. The court directed that the record be placed before it with regard to the tendering process of the subject works awarded to the contractor for the buildings under the JICA scheme and the participation of Contractor Maqbool within the SPPRA Rules.

The court observed that the soft project is meant for digitization and monitoring, and despite receiving millions of dollars and Euros, the Education Department is unable to compile a computerized record or develop any computer applications.

It further observed that to circumvent the law, rules and due process, the entire Education hierarchy has been bypassed by creating different projects, running in parallel to the education department for all such foreign-funded projects and purposes.

The court ordered that complete record of the last eight years be audited by the auditor general of Pakistan and the secretary, Schools Education Department, provide complete details of funds received and utilized for the last eight years in all such foreign-funded projects to the auditor general of Pakistan within one month from the date of this order.

The court also directed chief secretary of Sindh to refer the matter to CMIT-I, headed by Dr. Shireen Narejo, who shall examine the illegalities and irregularities committed, in the said projects, in accordance with law and shall refer the matter to the concerned authority as per the mandate of the CMIT.

The MIT-II submitted reports of district judges with regard to distribution of textbooks and the available reports reflected variations in respect of supply and availability of relevant curriculum textbooks, which shows a different amount of percentage in respect of supply and availability of books regarding various districts for the students studying in the public (government) schools across Sindh.

The counsel for the publishers contends that all the books have accordingly been provided to the concerned district administration. He has accused the district administration of negligence and said the district administration after receiving the required curriculum (textbooks could not distribute them to schools and then to the end consumers (the students).