Law: Federal Public Service Commission Ordinance, 1977

Section: 7A,10

Law: Constitution of Pakistan, 1973

Section: Preamble,2A,4,8,9,14,25,199

(a) Federal Public Service Commission Ordinance (XLV of 1977)----Ss. 7-A & 10---Rules for Competitive Examination (CSS) 2014, R.9(ii)---United Nations Convention On The Rights Of Persons With Disabilities, Ratified by Pakistan in 2011---Constitution of Pakistan, Arts. 14, 25 & 199---Civil Service---Recruitment---Federal Public Service Commission---Allocation of occupational groups---Disabled persons---Reasonable classification---Accommodation for disabled persons---Inviolability of dignity of man---Equality of citizens---Constitutional petition---Petitioners, who were visually impaired, impugned the legality and constitutionality of R. 9(ii) of the Rules for Competitive Examination (CSS), 2014, whereby being disabled (visually impaired), they could only compete in the competitive examination against four occupational groups, and were excluded from the rest---Validity---Petitioners, if they were not visually impaired, were entitled to allocation in a occupational group of their choice in the open merit quota reserved for Punjab---Rule 9(ii) of the Rules for Competitive Examination (CSS), 2014 allowed a person with disability to be considered for FSP if he/she fell within the 7.5% quota on all-Pakistan basis but was not allowed to be considered against open merit in the Provincial quota; and to allow person with disabilities one category of merit based quota but deny the same person another category of merit quota was outright discriminatory and neither the Constitution nor the Federal Public Service Commission Ordinance, 1977 or the Civil Servants Act, 1973 permitted such a classification---Rule 9(ii) of the Rules For Competitive Examination (CSS), 2014 was therefore devoid of any reasonable classification and discriminatory, offending Art.25 of the Constitution, and furthermore, also underrated a person with disabilities, by hurting his/her self esteem and dignity and thereby offended Art.14 of the Constitution---High Court observed that contention that sedentary posts were only available in the four occupational groups mentioned in R. 9(ii) of the Rules for Competitive Examination (CSS), 2014 was not borne out from any record or statutory instrument…