Law:

Section:

(a) Balochistan Additional District and Sessions Judges and District and Sessions Judges Service Rules, 2002--- ----Rr. 5 & 7---Constitution of Pakistan, Art.199---Constitutional petition---Assistant District Attorney applying for recruitment for Additional District and Sessions Judges---Entitlement---Petitioners' (Assistant District Attorneys) grievance was that they had been disallowed to apply for the posts of Additional District and Sessions Judges---Validity---Requirement under R.7 of Balochistan Additional District and Sessions Judges and District and Sessions Judges Service Rules, 2002, was that an applicant should be a law graduate from recognized university and should have at least five years practice as an advocate---If Assistant District Attorney was a law graduate and had practiced as an advocate for a period of five years he/she was entitled to apply for such post---Petition was allowed accordingly. (b) Balochistan Civil Judges/Judicial Magistrates Service Rules, 2002--- ----R. 6(ii)---Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981), S.2---Constitution of Pakistan, Arts.25, 27, 34, 36 & 199---Constitutional petition---Quota seats---Disabled persons, women and minorities---Petitioners assailed seats reserved for such persons at the time of recruitment for the posts of Civil Judges cum Judicial Magistrates---Validity---Category of women and minorities could be considered to be a 'class' as envisaged in first proviso to Art.27(1) of the Constitution and the class was reasonable classification---Special quota fixed for women and non-Muslims was neither illegal nor unconstitutional---Though category/classification of disabled persons did not find specific mention in the Constitution but the same could be categorized as a 'class' in terms of first proviso to Art.27(1) of the Constitution and Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, was also enacted by the Legislature---Challenge to special quota for disabled persons, therefore, failed and High Court declared that the same would be taken into consideration wherever applicable---Petition was allowed accordingly. Mushtaq Ahmed Moral v. The Hon'ble…

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