| Citation(s) |
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| 2025 SLG 3564 2025 SLD 3564 = 2025 SHC 2084 |
C. P No. D – 1489 of 2022
Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro
Petitioner : Mst. Shabnam, through M/s Ali Akbar Shar and Riaz Ali Shaikh, Advocates Respondents : Province of Sindh and others through Mr. Ali Raza Baloch, Additional Advocate General Sindh, along with Abdul Qudoos Memon, Regional Director, DEPO Sukkur Region, Abdul Sami Bhanbhro, District Education Officer (Elementary, Secondary and Higher Secondary), Khairpur and Niaz Hussain Mangnejo, Focal Person on behalf of Deputy Commissioner, Khairpur.
Law: Sindh Empowerment of Persons with Disabilities Act, 2018
Section: 2(h),11(12),25
Law: Constitution of Pakistan, 1973
Section: 25,38
Summary:
The petitioner sought appointment as a Primary School Teacher (PST) under the 5% quota reserved for Persons with Disabilities (PWDs) under the Sindh Empowerment of Persons With Disabilities Act, 2018 (SEPWD Act). Despite qualifying with 34 marks (above the 33 marks threshold for PWDs), her appointment was denied on grounds of inadequate disability percentage (10%) and allegations of a bogus disability certificate. The Court found the disability certificate genuine and the denial of appointment discriminatory and unlawful under the SEPWD Act. The Court emphasized that the Act does not limit appointment to persons with a minimum percentage of disability. The decision of the District Recruitment Committee (DRC) and Medical Board was declared illegal, and the petitioner was directed to be registered as PWD and appointed accordingly. The ruling promotes the rights and inclusion of PWDs in public employment, in line with constitutional principles and international conventions.
Core Points:
1.Petitioner’s Claim: Qualified for PST post under 5% PWD quota with 34 marks; failed to declare disability initially but later produced a genuine disability certificate.
2.Respondents' Defense: Claimed petitioner’s disability (10%) does not meet minimum 40% criteria; alleged bogus certificate.