Case Details

Citation(s)
2016 SLG 786 2016 SLD 786 2016 PLC 381
Islamabad High Court
Writ Petitions Nos. 1648 and 2454 of 2015, heard on 3rd September, 2015. Date of hearing: 3rd September, 2015.
SHAUKAT AZIZ SIDDIQUI, J
Raheel Khan Niazi for Petitioner. Haseeb Muhammad Ch. Standing Counsel and Abdul Rauf Inspector Legal for
Respondents.

MUHAMMAD NAFEES

VS

FEDERATION OF PAKISTAN through Secretary M/o Interior and others

Law:

Section:

Civil service--- ----Recruitment in Islamabad Police---Allocation of provincial/regional quotas for recruitment to civil posts under the Federal Government---Discrimination---Contention of petitioners was that Islamabad Capital Territory was a separate territory but no quota had been reserved for the persons/citizens of the same or having domicile of said territory whereas huge quota for all other provinces had been reserved including separate quota for minorities and women---Validity---No separate quota had been fixed for citizens of Islamabad Capital Territory whereas all four provinces including Azad Jammu and Kashmir had been awarded particular quotas---Prevalent policy or method for recruitment in Islamabad Capital Territory was discriminatory and offensive to the fundamental rights and unprecedented as well---Residents of Islamabad Capital Territory with domicile of Capital area were required to compete with the candidates of Punjab which was population wise largest province of the country---Even residents of Azad Jammu and Kashmir and FATA had been granted specific quota in Islamabad Capital Territory but locals had been deprived from the same---If employment in Islamabad Capital Territory was not appointment in the service of Pakistan then how local residents of a specific area could be ignored and denied constitutional rights---Office memorandum for allocation of provincial/regional quotas for recruitment to civil posts under the Federal Government was discriminatory and against the principles of equality, transparency, fairness and good governance---Impugned office memorandum was set aside to the extent of quota of Federal area of Islamabad included in Punjab---Candidates from Islamabad Capital Territory would be required to compete with the candidates of province of Punjab---High Court directed that separate quota for the residents of Islamabad Capital Territory be reserved which should not be less than 20% of the total posts---Residents of Islamabad Capital Territory would include the persons who were either born or had domicile and were living within the said Territory for the last 10 years continuously---No person having domicile of any other…
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