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Public Sector Employment is not Inheritable, and Appointments must be open to all Eligible Citizens to ensure fair competition based on Merit --- Islamabad High Court, Islamabad

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Public Sector Employment is not Inheritable, and Appointments must be open to all Eligible Citizens to ensure fair competition based on Merit --- Islamabad High Court, Islamabad

Islamabad 08-11-2024: The Islamabad High Court (IHC) has declared certain recruitment criteria for Khateeb positions in the Islamabad Capital Territory (ICT) unconstitutional, striking down regional quotas that reserved positions for residents of other provinces. The ruling came in response to a Petition by Hafiz Muhammad Bilal and others, who challenged the Auqaf Department’s advertisement setting eligibility requirements for Khateeb posts in ICT, arguing that the criteria violated constitutional provisions of equality and non-discrimination in public employment.

Presiding Judge Mr. Justice Babar Sattar emphasized that under Article 27 of the Constitution, discrimination in public service appointments based on residence or place of birth is prohibited, making any regional or provincial quotas for federal service positions unconstitutional. This principle was reaffirmed following the expiration of the 40-year period initially allowing quotas for underrepresented areas. As such, any quotas for residents of other provinces in federal positions, including those within the ICT Auqaf Department, are now unconstitutional.

The petitioners argued that a 25-year age limit in the Auqaf Department’s advertisement for Khateeb positions contradicted the West Pakistan Auqaf Department (Khateebs and Imams) Service Rules, 1968, which specified an age range of 30-45 years. However, the Court ruled that the Islamabad Capital Territory Auqaf Rules, framed under the Auqaf Act, took precedence over the older Khateebs & Imams Service Rules, thus upholding the 25-year age criterion.

Mr. Justice Babar Sattar also addressed the petitioners’ request for preferential hiring for the children of former Khateebs, ruling it unconstitutional. Citing recent Supreme Court rulings, the judge noted that public sector employment is not inheritable, and appointments must be open to all eligible citizens to ensure fair competition based on merit.

The Court’s decision underscores Pakistan’s commitment to equal opportunity in public service employment. Legal experts suggest the ruling could impact other public sector appointments in ICT, reinforcing that federal job allocations cannot be influenced by provincial quotas or preferences.