Supreme Court retains minorities, PWDs quota in civil service

ISLAMABAD: Upholding the judgment of Lahore High Court, the Supreme Court of Pakistan has retained the quota reserved for minorities and persons with disabilities (PWDs) in the civil services.

In addition, the apex court also directed the Punjab Public Service Commission (PPSC) to ensure that the word ‘disabled’ is not used and it should be replaced with persons with disabilities or persons with different abilities.

A three-member bench of the apex court, headed by Justice Syed Mansoor Ali Shah and comprising Justice Muhammad Ali Mazhar and Justice Shahid Waheed, issued the judgment in the petition challenging the verdict of the Lahore High Court.

Petitioner Mubarik Ali Babar had challenged before the apex court the judgment of Lahore High Court, passed on March 8, 2019.

In the LHC, the petitioner had challenged the legality of the allocation and reservation of seats for minorities and persons with disabilities in the Combined Competitive Examination, 2015 (CCE) conducted by the Punjab Public Service Commission, Lahore (PPSC).

He prayed that if the quota remained unfilled in a particular year, the seats reserved against the special quota be allotted to other candidates on open merit. However, the Lahore High Court had dismissed the plea and maintained the quota for minorities and PWDs.

The petitioner then filed a review petition against the verdict of the Lahore High Court.

Giving the verdict on the review petition, the SC bench observed that it was not permissible as it would offend the constitutional values, fundamental rights and the principles of policy.

The court ruled that the seats earmarked for minorities or PWDs must be retained and carried forward as the quota was their constitutional right and could not be reversed or made available to other citizens.

The court mentioned that the State has to ensure that the differently-abled persons and non-Muslim minority in the country enjoy their fundamental rights under the Constitution with the same fervour and force as enjoyed by the Muslim majority and majority of persons with fuller abilities.

“Hence, other than the general seats, the additional provision of quota for the PWDs and minorities reaffirms the constitutional commitment,” says the judgment.

In addition, the Supreme Court also held the persons with disabilities and minorities are equal citizens of Pakistan, having equal rights and safeguards while the Constitution provides them with extra care and protection.

The court directed the Punjab Public Service Commission (PPSC) to ensure that the word disabled is not used and it should be replaced with persons with disabilities or persons with different abilities

The court also directed to send the copy of its order to the chief secretary, Punjab government as well as the chief secretaries of other provinces to ensure that the order should be followed in true letter and spirit at the national level.

“We are hopeful that in future, these terms will be incorporated in the official correspondence as well as relevant notifications, including public advertisements, issued by the government,” read an 8-page judgment authored by Justice Syed Mansoor Ali Shah.