Law: Federal Public Service Commission Ordinance, 1977

Section: 7

Federal Public Service Commission Ordinance (XLV of 1977)---   ----S. 7---Appeal---Recruitment to posts in BS-17 in Central Superior Services (CSS),---Reservation of 10% quota for employment of females by direct recruitment in all services including CSS in addition to their participation in open merit---Position of appellant being 344th in all Pakistan merit list of 684 qualified candidates, 222nd in Punjab merit list of 428 qualified candidates and 53rd in order of merit among 90 qualified female candidates from Punjab---Non-selection of appellant on women quota in Punjab despite having 13th position on merit among 19 qualified females---Plea of authority that out of 19 posts reserved for female candidates from Punjab, 13 posts had been allocated by upgrading female candidates qualified on merit for being among top 160 successful candidates in Punjab---Validity---According to Press Note, number of posts reserved for women in Punjab were 19 in addition to 24 posts on all Pakistan basis and 160 posts for Punjab out of which females could also take posts on merit in contest with male candidates---Out of 160 sears earmarked for candidates from Punjab, 120 male and 40 female candidates had become entitled to such posts---Requirement of recruitment of females on account of additional women quota could not be confused with upgradation---Females with higher merit had to be upgraded according to their order of preference---Benefit of upgrading had gone to 12 male candidates below 160th position in order of merit from Punjab---Commission should have clubbed together 40 posts earned by females on merit with 19 woman quota posts, and then should have allocated all such 59 posts among female successful candidates in accordance with merit and after giving due regard to their order of preference---Commission had failed to observe women quota of 19 posts as only 6 females had been appointed leaving 13 of them out in the cold---Appellant for holding 13th position on merit among 19 females was qualified to be appointed against women quota---High Court accepted appeal and directed Commission to select appellant forthwith against reserved women quota.  JUDGMENT ASAD…

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