| Citation(s) |
|---|
| 2021 SLG 2842 2021 SLD 2842 2021 SLD 1091 |
Lahore High Court
Writ Petition No. 3176 of 2021, heard on 3rd February, 2021.Date of hearing: 3rd February, 2021.
Before Faisal Zaman Khan, J
Syed Ali Hassan Zaidi and Muhammad Zeshan Zafar for Petitioner. Malik Adul Aziz Awan, Addl. A.G., Muhammad Asif Bhatti, Addl. A.G., Ch. Faza Ullah, A.A.G., Mian Muhammad Iqbal, Law Officer on behalf of P.P.S.C. and Abdul Jabbar, Section Officer (DF), Hig
Writ Petition No. 3176 of 2021, heard on 3rd February, 2021.Date of hearing: 3rd February, 2021.
Before Faisal Zaman Khan, J
Syed Ali Hassan Zaidi and Muhammad Zeshan Zafar for Petitioner. Malik Adul Aziz Awan, Addl. A.G., Muhammad Asif Bhatti, Addl. A.G., Ch. Faza Ullah, A.A.G., Mian Muhammad Iqbal, Law Officer on behalf of P.P.S.C. and Abdul Jabbar, Section Officer (DF), Hig
FAIZ ULLAH
VS
PUNJAB PUBLIC SERVICE COMMISSION through Secretary and 4 others
Law: Constitution of Pakistan, 1973
Section: 199
Transgender Persons (Protection of Rights) Act (XIII of 2018)--- ----S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Transgender rights---Recruitment process---Petitioner was a transgender who applied for a post of Lecturer (female) but Punjab Public Service Commission denied petitioner to participate in recruitment process---Validity---First and foremost duty/responsibility (moral and legal) of Provincial Government was to implement provisions of Transgender Persons (Protection of Rights) Act, 2018, in letter and spirit by not letting government department discriminate between male, female and transgender persons---Transgender person was neither an option nor a preference but a recognized and respectable third gender all over the world---High Court directed Provincial Government to make a comprehensive policy at the earliest for implementing Transgender Persons (Protection of Rights) Act, 2018, in letter and spirit and to ensure that rights of transgender persons were protected like any other citizen of Pakistan---High Court set aside order passed by Punjab Public Service Commission and petitioner was allowed to be participated in recruitment process---Constitutional petition was allowed, in circumstances. Dr. Muhammad Aslam Khaki and others v. S.S.P. (Operations) Rawalpindi and others PLD 2013 SC 188; Dr. Muhammad Aslam Khaki and another v. Senior Superintendent of Police (Operation), Rawalpindi and others 2013 SCMR 187 and Mian Asia v. Federation of Pakistan through Secretary Finance and 2 others PLD 2018 Lah. 54 rel. JUDGMENT FAISAL ZAMAN KHAN, J.---Through this petition advertisement No.24/2020 dated 23.08.2020 publicized by respondent No. 1 inviting application for the post of Lecturer (Male/Female) and order dated 29.10.2020 passed by respondent No.1 have been assailed. 2. Succinctly, the facts of the case are that a requisition was sent by respondent No.2 to respondent No.1 for making recommendations for making appointments on the posts of Lecturers (Male and Female), upon which Advertisement No.24/2020 dated 23.08.2020 was publicized by respondent No.1. Petitioner being a transgender person, in exercise of its option under Section…
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