Case Details

Citation(s)
2019 SLG 2629 2019 SLD 2629 2019 PLC 846
Sindh High Court
Constitution Petition No. D-78 of 2014, decision Dated: 27-11-2018. Hearing Dated: 19-09-2018.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE KHADIM HUSSAIN TUNIO, JUSTICE
Petitioner(s) by: Shamsuddin Rajper
Respondent(s) by: Noor Hassan Malik, Assistant Advocate General Sindh along with Shafqat Hussain Hothi

AMJAD ALI

VS

PROVINCE OF SINDH, THROUGH SECRETARY EDUCATION AND LITERACY DEPARTMENT, SINDH SECRETARIAT KARACHI AND 2 OTHERS

Law: Sindh Differently Able Persons (Employment, Rehabilitation and Welfare) Act, (XVI of 2015)

Section: 8

Law: Constitution of Pakistan, 1973

Section: 9,25,199

(a) Sindh Differently Able Persons (Employment, Rehabilitation and Welfare) Act (XVI of 2015)--- ----S. 8---Appointment of Junior School Teacher against disabled quota---Discrimination---Effect---Right to life---Differently able persons---Petitioner qualified written test but appointment letter was not issued to him---Validity---Disabled person should not be made subject to any discrimination while considering for employment---Disabled person had discretion to apply for his recruitment as an 'ordinary citizen' on open merits if disability otherwise did not disqualify him or to apply under special provisions---Right to life would fail if anyone was denied or deprived of any such thing which otherwise did make his life complete i.e. meaningful---Employment did help one in claiming his life meaningful and complete---Such right should be considered as an essential part of the life---Petitioner qualified the test and was placed in merit list at Serial No. 3---Twenty two posts were available and petitioner was entitled for recruitment on open merit, in circumstances---Authorities might frame any policy however, same must pass the test of its being 'reasonable'---Differently Able persons had been provided some privileges/advantages but policy of letting 'normal' persons to compete on Taluka/Union Council basis while Differently Able persons on District/Division level could not be accepted as 'reasonable'---Candidate securing highest marks was to be on the top of the merit list but when policy was that the vacancy would be filled on need basis then such need was to be specified before and at the time of issuance of public notice/advertisement---Filling up of such vacancy on need basis could not be done at the time of tabulation---Vested right had accrued in favour of petitioner which could not be deviated from by the department---Petitioner after passing test was successful candidate in disabled quota---Department was directed to appoint the petitioner as Junior School Teacher as and when a vacancy fell vacant---Constitutional petition was allowed, in circumstances. National Engineering Services Pakistan (NESPAK) (Pvt.) v. Kamil Khan Mumtaz 2018 SCMR 211; Pir Imran…
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