Islamabad: The Supreme Court declared the quota policy and packages related to the children of government employees as illegal.
A major decision of the Supreme Court regarding the quota of children of government employees has come out. The 11-page judgment was penned by Justice Naeem Akhtar Afghan, in which the court declared unconstitutional the quota on all policies and packages related to children of government employees.
The Supreme Court, accepting the appeal of the GPO, annulled the 2021 decision of the Peshawar High Court. Apart from this, the Supreme Court also invalidated the Prime Minister’s Package for Employment Policy and its Office Memorandum related to quota. Similarly, Section 11A of the Sindh Civil Servants Rules, 1974 has also been declared null and void.
The Supreme Court also struck down Section 10 Sub-Clause 4 of the Khyber Pakhtunkhwa Civil Servants Rules, 1989. Apart from this, Clause 12 of Balochistan Civil Servants Rule 2009 has also been declared null and void. The Supreme Court has held that the quota of widow or child in government jobs without advertisement or open merit is inconsistent with Article 3 Article 4, Article 5 sub-clause two, Article 25 and Article 27 of the Constitution.
In the judgment, the Supreme Court ordered that all provincial governments, including the federal government, end the policy of giving jobs to the children of government employees without advertisement or open merit. The court decision will not apply to the quota already received by children of government employees. The court decision will not apply to the legal heirs of the martyrs in the terrorist incidents.
The court ruled that the decision will not apply to the packages and policies given to the heirs of the martyrs. The prime minister also has no power to relax the quota rules. Good governance cannot be achieved by adopting unequal treatment. Recruitment of jobs under quota is not meritorious as well as discriminatory.
It should be noted that a citizen named Muhammad Jalal had approached the court to get a class IV job on the basis of his father’s retirement on medical grounds. On which the Peshawar High Court directed Mohammad Jalal to be employed on contract. Later, the GPO filed an appeal in the Supreme Court against the decision of the Peshawar High Court.
