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Punjab Waqf Properties Ordinance (IV of 1979)-------S.5(1)---Constitution of Pakistan (1973), Arts. 8, 27 & 199--­Constitutional petition---Promotion---Discrimination on ground of religion---Petitioner, who was an Ahmadi, was promoted as Superintendent in Auqaf Organization, but said order of promotion was recalled on the ground that proviso to S.5(1) of Punjab Waqf Properties Ordinance, 1979, did not permit promotion of a non-Muslim as an officer---Validity---Discrimination on the ground of religion alone was prohibited by Art.27 of the Constitution----Guarantee against discrimination on ground of religion was absolute and not subject to reasonable qualification or restriction---Exceptions to said guarantee had been provided by Art.27 of the Constitution itself--­Proviso to S.5(1) of Punjab Waqf Properties Ordinance, 1979, in circumstances was repugnant to Art.27 of the Constitution and was void by virtue of operation of Art.8 of the Constitution. Malik Muhammad Azam Rasool for Petitioner. Dilshad A. Khan Raja for Respondent. Date of hearing: 13th October, 2004. JUDGMENT The petitioner who is an Ahmadi was promoted as Superintendent (BS-16) in the Auqaf Organization. The said order of promotion was re-called on 6-8-1996 on the ground that proviso to section 5(1) of the Punjab Waqf Properties Ordinance, 1979 (IV of 1979) as inserted therein by Punjab Ordinance No.XIII of 1984, did not permit promotion of a non-Muslim as an officer. The petitioner approached this Court in Writ Petition No. 13894 of 1996 which was allowed vide order dated 18-9-2000 after finding that the petitioner was condemned unheard. After disposal of the said writ petition the order dated 6-8-1996 was re­called. 2. The case of the petitioner is that vide order dated 21-5-2001, he was allowed move-over from BS-16 to BS-17 and was also granted selection grade on the same date. Again, on 10-10-2001 the petitioner was put to notice that his promotion as Superintendent was illegal and vide order dated 29-1-2002, the order of promotion of the petitioner was re-called. This petition is directed against the said order. 3. The learned counsel for the petitioner has made two submissions. Firstly…

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