Law:

Section:

Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Posts of Assistant Professors---Petitioner being a disabled person and eligible for post, his case for the post of Assistant Professor was not considered in accordance with the dictates of Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 whereby one per cent. quota was reserved for disabled - persons--There being 250 seats to be filled petitioner in terms of S. 10 of the Ordinance was entitled to compete against seat for the disabled provided he was otherwise eligible in accordance with its dictates---Non­consideration of petitioner on disabled persons' quota had deprived him of his valuable right which accrued to him under the Ordinance---Act of non-consideration of petitioner by Authorities on disabled persons' quota seat for the post of Assistant Professor was declared to be without lawful authority and of no legal effect---Authorities were directed to consider petitioner's case on disabled quota for the post of Assistant Professor. JUDGMENT The petitioner, a disabled person, through this Constitutional petition has sought direction in the nature of writ of mandamus praying that his case for the post of Assistant Professor be considered in accordance with the dictates of Ordinance XL of 1981 called the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (hereinafter referred to as an Ordinance). 2. Facts briefly are that an advertisement appeared in daily `Pakistan Times' on Friday the 8th April, 1988 for 250 temporary posts of Assistant Professor likely to be made permanent in Collegiate Branch Men Section in the Province of Punjab. In the Specially of Urdu, 34 posts were allocated and the bifurcation thereof was given in the advertisement as under:- On all Punjab basis 7 Zone-II 8 Zone-I 19 Total: 34 Requirements for the applicant was (a) 1st Class Master Degree in the relevant subject from a recognized University with five years' teaching experience in a college or (b) qualification higher than MA./M.Sc. requiring at least two academic years of regular study. NOTE: The…

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