KARACHI: Sindh High Court (SHC) here on Thursday heard a constitutional petition of Pasban Democratic Party (PDP) against the quota system, during which the federation submitted their reply.
A bench comprising Justice Salahuddin Panhwar and Justice Adnan-Ul-Karim Memon, heard the constitutional petition CP (D) 1906/2020 entitled Pasban Pakistan VS Federation of Pakistan and others, and adjourned it to October 13, 2021, after the federation submitted its written reply.
In their reply, the federation submitted that the existing quota system in the federal government was introduced in the light of Article 27 (1) of the Constitution read with Rule 14 of the Civil Servants (Appointment and Transfer) Rules 1973.
It said that the matter regarding amendment in the first proviso of Article 27 (1) of the constitution was considered by the then Cabinet in its meeting held on 07.03.2013 under Case No. 73/04/2013 which recommended extension in the period for further twenty years from 14.08.2013; however, constitutional amendment could not be made. The matter was again placed before the former Cabinet which in its meeting dated 25.7.2013 also recommended extension of further twenty years. The official Bill regarding amendment in Article 27 (l) of the constitution was laid in the House; however, it could not be brought on the agenda of former National Assembly for consideration for enactment by the Parliament; hence by virtue of Article 76 (30 of the constitution, it stood lapsed on dissolution of National Assembly.
It said that on the verbal directions of the Attorney General of Pakistan and as envisaged in the third proviso to Article 27 (1) of the Constitution of Islamic Republic of Pakistan 1873 to secure adequate representation of all federating units in the federal government services/ jobs read with Section 5 of the Civil Servants Act 1973, a summary through Law and Justice Division was submitted to Prime Minister for amendment in Rule 14 of the Civil Servants Act (Appointment, Promotion and Transfer) Rules 1973 has accordingly been amended with the approval of the Prime Minister and duly notified vide SRO No. 747 (I)/2020 dated 19.8.2020. The existing quota is being followed on the strength of Article 37 (f) and 38 (g) of the Constitution and on the strength of Rule 14 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.
However, the petitioner in his plea had maintained that Urban and Sindh Rural quota is only present in Sindh and it does not apply for any other province which is mala fide, illegal, un-constitutional and showing the mens rea for the merit and educated young generation of Sindh urban, especially Karachi, as this policy deprived the Karachi young generation for bureaucratic seats and service in the federation as well as in the province.
He further said that the induction of quota system in Pakistan is the root cause of racism in the country which has resulted in widespread economic disparity and hatred amongst the people. The outcome is that 90 percent of the country bureaucrats are recruited through lowering the selection criteria depriving the intelligent eligible Pakistanis who were/are denied to serve the nation, which has resulted in inefficiency, corruption and racism and destruction of the whole country and nation.
The petitioner making the Federation of Pakistan through Principal Secretary, Province of Sindh through Chief Secretary and Chief Minister Sindh through chief minister secretariat respondents has prayed to declare the quota system as null and void, illegal and unconstitutional after its expiry date as per the constitution of Pakistan. He also prayed to direct the Respondents to cancel all the appointments made on the basis of quota system after the date of its constitutional expiry in 2013 and refill all these vacant slots on the basis of pure merit through open competition.
Furthermore, he prayed to restrain the respondents from using the abolished, expired quota system for the allocation of jobs/services in the Federal/Provincials civil services, and to direct the respondents to make appointments on merit basis irrespective of the quota-system, which has since expired in 2013.