Law: Constitution of Pakistan, 1973

Section: 27,37,34,199

(a) Constitution of Pakistan--- ----Arts. 27 & 34---Civil service---Recruitment policy for teachers in government schools---Discrimination---Under impugned recruitment policy female teacher, otherwise eligible, was denied assumption of charge in boys high school but given option of joining primary or middle sections---Such policy was based on an apprehension oriented more on chauvinism than on any objective foundation---Impugned policy was not reasonable and High Court rightly gave directions to consider the appointment of respondent (female teacher) in Boys High School. Respondent-female candidate otherwise eligible on all fours, was being denied a position despite having successfully competed for the job as an educator in the same category of post/functional group in Boys High/Higher Secondary School, however, with a relegated opportunity to serve in the same capacity in the primary and middle sections. Said stipulation/ classification, founded on her gender alone, apparently sans any rational basis except for a dogmatic and subjective belief that she would not be able to handle (boy) students placed in a slightly higher age group, was an apprehension oriented more on chauvinism than on any objective foundation. Impugned (recruitment) policy could not be viewed as prudent or expedient nor it reflected intelligible differentia so as to qualify the precondition of being reasonable. On the contrary, it was grievously retrogressive besides being violative of Constitutional commands. High Court had rightly directed the department to consider respondent's appointment in Boys High School. Asadullah Mangi and others v. Pakistan International Airlines Corporation and others 2005 SCMR 445 and Dossani Travels Pvt. Ltd. v. Messrs Travels Shop (Pvt.) Limited PLD 2014 SC 1 distinguished. Supreme Court observed that half of the human resource of the country comprised of women; that they were mentoring, par excellence in every walk of life, and were a treasure which must be utilized for a better future, and that the Constitution contained rights that included equality of status as well as of opportunity. (b) Constitution of Pakistan--- ----Arts. 27 & 199---Civil…

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