Law: Code of Criminal Procedure (CrPC), 1898

Section: 23

Headnotes:

Constitution of Pakistan (1973), Articles 25 & 27 – Punjab Civil Servants Act, 1974 (VIII of 1974), s.23 – Punjab Delegation of Powers (Relaxation of Age) Rules, 1961 – Punjab Women Empowerment Package (PWEP), 2012 – Discrimination – Age Relaxation for Female Candidates.

Held: Fixation of upper age limit of 38 years for female candidates and 35 years for male candidates for the post of SESE (Physical Education) is not violative of Articles 25 and 27 of the Constitution. The notification dated 21.05.2012, issued under Section 23 of the Punjab Civil Servants Act, 1974, granting a three-year relaxation to women, was a valid affirmative measure protected by Article 25(3).
Such classification is reasonable, having a rational nexus with the object of promoting women’s participation in public service, enabling them to resume professional careers after marriage and child-bearing.
Affirmative action for women is constitutionally sanctioned, and no discrimination is caused against male candidates. Petition dismissed.

Facts:

Respondents advertised posts of SESE (Physical Education) with upper age limits of 35 years for males and 38 years for females, pursuant to the Punjab Women Empowerment Package, 2012 (PWEP).
Petitioners (male candidates) contended that such differentiation violated Articles 25 and 27 of the Constitution and sought parity in age relaxation.
Government justified the distinction as a policy measure under Section 23 of the Punjab Civil Servants Act, 1974, granting additional relaxation to women across the board.