Law: Constitution of Pakistan, 1973

Section: 25,27,199

Constitution of Pakistan, 1973-- ----Arts. 25, 27 & 199--Recruitment Policy, 2016-17, Cl. 7(iv)--Education Department--Application for recruitment of Educators/SESE (PET)--Appointment of Female candidates in boy Schools--Disallowed--Constitutional Jurisdiction--Challenge to--All citizens are to be treated equally and there cannot be any discrimination including gender discrimination, however, State may make special provisions for protection of women and children--This means that constitution allows positive classification for protection of women and children--Where a provision is made for benefit of women and children state may provide them some benefits but cannot deprive them of same--Positive discrimination in favour of women and children is permissible and negative discrimination is barred--Constitution of Islamic Republic of Pakistan, 1973 provides equal rights and equal treatment to all citizens/persons, without any distinction including on basis of gender--It is abundantly clear that if a citizen is otherwise qualified for appointment in service of Pakistan, he/she cannot be discriminated against on ground of race, religion, caste, sex, residence or place of birth--This petition is allowedby observing that gender stereotyping or classification based on stereotype roles or social expectations tantamount to discrimination which is not permissible under Constitution and goes against constitutional mandate of equality and safeguard against discrimination in service, therefore, impugned discriminatory clause 7(iv) of Recruitment Policy 2016-17 to extent of debarring petitioners to contest against post of SESE (PET) for boys schools is declared to be illegal andultra vires to Constitution of Islamic Republic of Pakistan, 1973 and as such respondents are directed to entertain applications of petitioners against posts of SESE; (PET) available in boys schools--Petition was allowed. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- Through this petition, the petitioners have made prayer as under: "this writ petition may kindly be allowed and the impugned discriminatory clause-7(iv) of Recruitment Policy, 2016-17 to the extent of debarring the…

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