Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service-Appointment of Subject Specialists---Distinct categories of subjects---Scope---Posts of SESE for different subjects were advertised---Petitioner/candidate being qualified for the post of SESE (Arabic) applied against disabled quota but was not selected on merit---Contention of the petitioner/candidate was that since in other categories of SESE posts against disabled quota were vacant so he could be appointed against such vacant posts-- Validity-Candidate/person who applied against the post of SESE (Arabic) could not be posted against the post of SESE (Oriental), Physical Education or Arts and Drawing---Subject specialists in a particular subject could educate the students better because of their specific knowledge in such subject---Person who did not possess specialization in a particular subject may not be able to properly educate or guide the students---Subjects of Arabic, Physical Education, Oriental, Arts and Drawing were of entirely different fields and the students of each category had required to go through altogether changed and distinct courses and as such the same being different entities, could not be equated or clubbed with each other to declare them one category for the purpose of disabled quota---Constitutional petition was dismissed. ORDER MUHAMMAD QASIM KHAN, J.--- Briefly the facts leading to the filing of instant petition are that pursuant to an advertisement inviting applications for different posts including 51-seats of SESE (Arabic), the petitioner having the requisite qualification, submitted his application against 2% disabled quota. Through the instant petition, the grievance of the petitioner is that although he was on top of merit list of the male candidates, but without any justification appointment letter was not issued to him. 2. The contention of learned counsel for the petitioner is that 2% quota meant for disabled persons is to be calculated against each category and as according to the advertisement seats of SESE (Arabic), SESE (Oriental), SESE (Physical Education) and SESE (Arts and Drawing) fall within one category, therefore, 2% disabled quota…

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