SHC seeks FPSC’s comments on plea against quota system

The Sindh High Court (SHC) on Friday directed the Federal Public Service Commission (FPSC) and others to file comments on a petition against the quota system for government jobs through the Central Superior Services (CSS) competitive examinations.

M Tariq Mansoor said in his petition that the period prescribed in the first proviso of Article 27(1) of the country’s constitution for reserving posts for persons belonging to a class or area to secure their adequate representation in the service of Pakistan had expired long ago, but it was still being applied to such applicants.

The petitioner said that such a restriction was discriminatory and contrary to the fundamental rights guaranteed by the constitution to the citizens of the country for joining the service of Pakistan.

He said the period of 40 years contained in the first proviso of Article 27(1) had already expired in 2013, but subsequent CSS exams had been held by the FPSC from 2014 until last year on the quota-based allocation of service in violation of the constitution.

He also said that the quota system was still illegally and unlawfully applicable to specific areas, including the determining the share of various areas in making appointments in the bureaucracy through the competitive exams.

He further said that the federal government had issued a notification with regard to holding the CSS exams without amending the rules for the open merit system throughout the country. He requested the court to declare that the quota system was against the scheme and structure of the constitution, which provided equal opportunity of employment to all citizens, and to direct the federal government to accordingly amend the CSS exam rules for the forthcoming exams to ensure on open merit. A division bench, headed by Acting Chief Justice Irfan Saadat Khan, directed the FPSC and other respondents to file comments on the petition.