2026 PLP (C (PLC(CS))

ROZI KHAN BARRECH, J.

The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan,1973 ("the Constitution"), carries the following prayer clause: "It is therefore, respectfully prayed: i) To direct respondents Nos. 1 to 3 to allow female candidates to contest the same on merits. ii) To direct respondent No.02 to re-advertise post of prosecuting inspector, inviting the all interested candidates including female candidates to contest. iii) To direct the respondent No.4 to submit report that what measures have been taken for promotion of social economical legal rights of women and elimination of all forms of discrimination against women. iv) Any other relief deems fit and proper in the circumstances of the case may also be awarded."

2. Succinetly, the facts of the case which led to filing of the instant petition are that the Government of Balochistan invited applications for the posts of Prosecuting Inspector/Legal Inspector through Balochistan Public Service Commission ("the Commission") in the Home and Tribal Affairs Department in terms of consolidated publication No.07/2023 at serial No.13 dated 12th May 2023 whereby only male candidates were allowed to apply and female candidates were debarred from applying against the said posts. The petitioner has challenged the said clause of the publication as being discriminatory.

3. Notices were issued to the respondents who submitted their separate para-wise comments.

4. We have heard the petitioner and the learned AAG and have perused the available record with their able assistance.

5. The petitioner has raised a pivotal question regarding the legality and constitutionality of gender discrimination in employment opportunities. As the matter at hand affects the large population residing in Balochistan, i.e., the women living in Balochistan, it is vital to deal with the issue by delving into the legal framework within Pakistan, international standards and commitments, the tenets of Islam, and the case law that collectively underscore the impermissibility of such discrimination.

6. In our religion, women are highly esteemed. In Islam superiority or hierarchy is not dependent upon one s gender, race, color, wealth or status "Taqwa" (God-consciousness) is the basis of respect and value in the eyes of Allah and not gender. The basic concept of equality between men and women is actually taken from the verse of the Holy Qur'an where Allah Almighty states he created man and woman from a single source and origin: "O Mankind, Be dutiful to your Lord who created from a single soul and from it created its mate (of same kind) and from them twain has spread a multitude of men and women."

7. Since men and women have been created from one origin and one entity, they cannot claim superiority over each other. Such declaration and concept is reinforced in the Holy Qur'an many times so as to ensure mankind is aware that both are equal in the eyes of God.

8. Although men and women are fundamentally different from each other, both physically and emotionally, yet they are equal in status, equal as human beings, and as individuals in their own rights. There are four kinds of relationships between male and female, i.e., relationship of mother and son, father and daughter, brother and sister, husband and wife, and in every category, women enjoy respectable and prestigious status. As a mother, the woman enjoys a highly esteem position, and once the Holy Prophet (saw) was asked by a companion who is entitled to be treated the best by him. The Holy Prophet (saw) replied, "your mother." The companion asked and after that? The Holy Prophet (saw) replied, "your mother". The companion again asked, and after that? He replied, "your mother." Only after being questioned the fourth time did the Holy Prophet (saw) replied, "your father". The golden words of the Holy Prophet (saw) that "paradise is at the feet of mothers" are sufficient to determine the status of a woman as a mother.

9. The Islamic Jurisprudence provides a profound framework that unequivocally supports equal opportunities for women. Several Verses/Ayats from the Quran and quotes from Prophet Muhammad (Peace Be Upon Him) emphasize equality and equal opportunities for women in various aspects of life. Holy Quran in 4:32 (Surat An-Nisa' - Ayat 32) states: "And do not wish for that by which Allah has made some of you exceed others. For men it is a share of what they have earned, and for women it is a share of what they have earned. And ask Allah of his bounty. Indeed, Allah is ever, of all things, Knowing." This Quranic verse emphasizes that Almighty Allah (SWT) has ordained equitable shares for men and women in what they earn, discouraging any desire for inequality. It encourages seeking Allah's blessings while recognizing his knowledge and wisdom in these matters. Holy Quran in 49:13 [Surat Al-Hujurat, Ayat 13] declares: "O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. " This Quranic verse highlights that all humans share a common origin, emphasizing the importance of righteousness over gender in determining one's nobility in the eyes of Allah, promoting equality and unity among people. Holy Quran in 2:228[Surat Al-Bagarah, Ayat 228] further affirms, "And women too have rights over men similar to the rights of men over women." This verse establishes a mutual and equitable relationship between men and women, ensuring that the rights of one are mirrored by the responsibilities of the other.

10. In another Hadith, the Holy Prophet (saw) has said that: "Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son over her, God will enter him into paradise". A similar Hadith deals in like manner with one who supports two sisters."

11. As a wife, also she deserves to be dealt with respect and honour. In this regard, reference to another Hadith would be relevant where the Holly Prophet (saw) said that: "The best of you is the best to his family, and I am the best among you to my family," On another occasion, the Holy Prophet (saw) said; "The most perfect believers are the best in conduct, and best of you are those who are best to their wives" In his final sermon, the Prophet Muhammad (Peace be upon him) proclaimed:- "All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a White has no superiority over a Black nor a Black has any superiority over a White except by piety and good action. Learn that every Muslim is a brother to every Muslim and that the Muslims constitute one brotherhood. Nothing shall be legitimate to a Muslim which belongs to a fellow Muslim unless it was given freely and willingly". This profound statement by Prophet Muhammad (Peace be upon him) reinforces the Islamic context of equality, irrespective of race, ethnicity, or gender. Moreover, the teachings of Prophet Muhammad (Peace Be Upon Him) serve as guiding pillars for the entire humanity. Throughout his teachings and actions, Prophet Muhammad (peace be upon him) consistently encouraged women's participation in society, including their active involvement in various forms of employment and education.

12. Besides our religious duty, the most sacred document i.e. the Constitution of Islamic Republic of Pakistan, 1973, also purports several Articles covering women's rights. The decision of the Government of Balochistan to exclude women from applying for the position of Prosecuting Inspector constitutes a violation of the fundamental rights enshrined in the Constitution of Pakistan, 1973, which are elaborated herein-below: Article 3 calls upon the state to eliminate all forms of exploitation. Article 4 of the Constitution of Pakistan, which enshrines the right to be dealt with in accordance with the law, is a foundational principle underpinning the country's entire legal framework. In the case in hand, where the respondents are engaging in gender-based discrimination by debaring women from employment opportunities, they are, in effect, violating this fundamental constitutional tenet. Article 18 states: "Every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business". Article 18 of the Constitution upholds the fundamental principle that every citizen, regardless of their gender, creed, or background, has the inherent right to pursue a profession or occupation of their choice, free from discrimination or unjust barriers. This constitutional provision reflects a commitment to fostering a society where opportunities are accessible to all, where talent and merit are valued above all else, and where the pursuit of the principle of justice and fairness governs one's livelihood. Within this framework we advocate for eliminating gender-based discrimination and creating an environment where women can freely enter and excel in any profession, including positions like Prosecuting Inspector, thereby contributing to the nation's progress and ensuring equal rights for all citizens. Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 states: "1: All citizens are equal before law and are entitled to equal protection under law.

2. There shall be no discrimination on the basis of sex". Article 25 of the Constitution of Pakistan highlights the fundamental right of every citizen to be treated equally before the law and that there should be no discrimination on the basis of Sex. It serves as a cornerstone of our legal system, embodying the principle that all individuals, irrespective of their gender, are entitled to equal protection and opportunities. In the case in hand, the actions of the respondents in denying women the opportunity to apply for the position of Prosecuting Inspector starkly contravene the essence of Article

25. By imposing a discriminatory barrier based on gender, the respondents have effectively denied women the equal treatment and opportunities guaranteed by this constitutional provision. This not only diminishes the principles of justice and fairness but also undermines the bedrock of our legal framework, emphasizing the urgent need to rectify this violation of Article 25 ensures that all citizens are treated with the equality and respect they deserve under the law. Article 26: Non-discrimination in respect of access to public places:

1. In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the grounds only of race, religion, caste, sex, residence or place of birth.

2. Nothing in clause (1) shall prevent the State from making any special provision for women and children. Article 26 authorized the State to make special provisions for women. Article 27 of the Constitution of Islamic Republic of Pakistan, 1973. Article 27(1) states: "No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, case, sex, residence or place of birth". Article 27 of the Constitution of Pakistan stands as a crucial pillar of our anti-discrimination framework, expressly affirming that no citizen of Pakistan shall face discrimination in employment based on their sex. The respondents' actions in barring women from applying for the position of Prosecuting Inspector unequivocally violate this constitutional safeguard. Such actions not only contravene the letter and spirit of Article 27 but also undermine the core principles of justice, equality, and non-discrimination that are foundational to our legal system. It is evident that the respondents' actions are violative of Article 27 by depriving qualified women of their equal opportunity to pursue this employment position, thus necessitating a swift and just resolution to rectify this breach of constitutional right. Article 32: Promotion of local Government institutions: "The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions, special representation will be given to peasants, workers and women". Article 32 provides special representation to women in local government institutions. Article 34: Full participation of women in national life. Steps shall be taken to ensure full participation of women in all spheres of national life. Article 34 requires the State to take appropriate measures to enable women to participate in all spheres of life and social activities Article 37: Promotion of social justice and eradication of social evils: The State shall: (a) promote, with special care, the educational and economic interests of backward classes or areas. b) .c) .d) . (e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment; (f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan. Article 37 (a), (e), and (1) of the Constitution of Pakistan underscore the State's paramount duty to promote the educational and economic interests of backward classes or areas, remove illiteracy, and ensure just and humane conditions of work, with special focus on preventing the employment of children and women in vocations unsuited to their age or sex. In alignment with these constitutional mandates, it is evident that the State is under a profound obligation to eradicate gender discrimination and facilitate equal opportunities for women, including their participation in roles such as Prosecuting Inspector. By ensuring that women are not debarred from these positions, the State not only complies with its constitutional commitments but also promotes gender equality, social justice, and the full participation of women in all facets of national activities, including public service, the State must recognizes the inherent value and potential of women in contributing to the nation's progress, and in doing so, upholds the principles enshrined in Article 37 of the Constitution. Article 38: Promotion of social and economic well-being of the people: The State shall: (a) secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. (b) provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure; (e) reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan. Article 38 of the Constitution of Pakistan outlines the state's responsibilities towards its people. It mandates the government to ensure the well-being of all citizens regardless of factors such as sex, caste, creed, or race. This involves raising the standard of living for the general population, preventing the concentration of wealth and resources in the hands of a privileged few, and promoting fairness in the relationship between employers and employees, as well as landlords and tenants. Additionally, the state is tasked with providing opportunities for work and a reasonable livelihood, along with time for rest and leisure, to all country's citizens, taking into account the available resources, Furthermore, Article 38 emphasizes the need to address income disparities among individuals, seeking to reduce inequality, including within various classes, including women in the public service of Pakistan. Articles 51 and 106 of the Constitution provide for the reservation of seats for women in the legislatures.

13. The actions taken by the Government of Balochistan in debarring women from applying for the position of Prosecuting Inspector not only infringe upon the fundamental rights of women enshrined in the Constitution of Pakistan, 1973, but also contravene Pakistan's international obligations.

14. The Universal Declaration of Human Rights (UDHR) is a landmark document that sets forth fundamental human rights and is considered the foundation of numerous human rights treaties globally. The State of Pakistan was an original signatory to the UDHR in 1948, thereby committing to uphold the principles of equality and freedom for all individuals, irrespective of sex, colour, creed, or other characteristics. Article 1 of the UDHR boldly asserts that all humans are born free and equal in dignity and rights. Article 2 further states that all individuals are entitled to the rights and freedoms detailed in the declaration without any distinction based on race, colour, sex, language, religion, political or another opinion, national or social origin, property, birth, or another status. The UDHR, Article 23 specifically highlights the right to work, emphasizing free choice of employment, just and favourable conditions of work, and protection against unemployment, without any discrimination. In essence, the UDHR recognizes the universal right to eliminate discrimination, including equal opportunities for women in employment. The Government of Balochistan's actions in debarring women from applying for positions such as Prosecuting Inspector not only violate Women's fundamental rights but also contravene Pakistan's international commitments under the UDHR. This foundational international document underscores that everyone is entitled to the rights and freedoms it outlines without any distinction, thus aligning with the petitioner's claim for equal access to employment opportunities for women. On December 18, 1979, the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It became an international treaty on September 3. 1981, and by its tenth anniversary in 1989, nearly a hundred nations had ratified it, affirming their commitment to its provisions. CEDAW is a vital international legal instrument that mandates countries to eliminate discrimination against women and girls across all spheres and actively promotes equal rights for women and girls. Its preamble explicitly acknowledges the ongoing discrimination against women and asserts that such discrimination runs counter to the principles of equal rights and human dignity. The heart of CEDAW lies in Article 1, which defines discrimination against women as any differentiation, exclusion, or limitation based on sex, with the aim or effect of impairing or nullifying women's enjoyment of human rights and fundamental freedoms across various fields. Pakistan has been a signatory to CEDAW since 1996, which obligates Pakistan to diligently work towards eliminating gender-based discrimination. By debarring women from pursuing positions like Prosecuting Inspector, the Government of Balochistan is not only infringing on women's fundamental rights but also failing to meet the international obligations under CEDAW, which Pakistan has to abide by as a member state.

15. Pakistan ratified the International Labour Organization Convention No. 111, Discrimination (Employment and Occupation) Convention, in 1958, reinforcing its commitment to eradicating discrimination in employment and occupation. Article 1 of the Convention explicitly prohibits any form of discrimination based on factors such as race, colour, sex, religion, political opinion, national extraction, or social origin, which nullifies or impairs equal opportunity or treatment in employment or occupation. Article 2 of the Convention compels each member nation, including Pakistan, to adopt and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation. Therefore, Pakistan, as a member state is responsible for ensuring that there is no discrimination based on sex, religion, or social origin when it comes to employment opportunities. This includes actively working to create an environment where women have the same opportunities as men in all professional spheres, including roles like Prosecuting Inspector. The Pakistan's international obligations, as outlined by these conventions and declarations, emphasize the urgent need to eradicate gender-based discrimination and provide equal employment opportunities for women, which is not only a fundamental right but also a commitment that Pakistan has made on the global stage. In this context the Government of Balochistan's actions, are not only legally questionable but also run counter to the principles of justice, equality, and human rights upheld by the international community.

16. We are conscious of the fact that the protection of Article 25 of the Constitution can be denied in peculiar circumstances of the case on the basis of reasonable classification founded on an intelligible differentia, which distinguishes persons or things that are grouped together from those, who have been left out. The differentia, however, must have a rational nexus to the object sought to be achieved by such classification. In the well-celebrated judgment, passed by the Hon'ble Supreme Court in the case of "I.A. Sharwani v. Government of Pakistan through Secretary, Finance Division Islamabad" (1991 SCMR 1041), it was held that under Article 25 of the Constitution, reasonable classification could be made. However, the Hon'ble Supreme Court enunciated the following principles with regard to equal protection of the law and reasonableness of classification: (i) "that equal protection of law does not envisage that every citizen is to be treated alike in all circumstances, but it contemplates that persons similarly situated or similarly placed are to be treated alike; (ii) that reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis; (iii) that different laws can validly be enacted for different sexes, persons in different age groups, persons having different financial standings, and persons accused of heinous crimes; (iv) that no standard of universal application to test reasonableness of a classification can be laid down as what may be reasonable classification in a particular set of circumstances may be unreasonable in the other set of circumstances; (v) that a law applying to one person or one class of persons may be constitutionally valid if there is sufficient basis or reason for it, but a classification which is arbitrary and is not founded on any rational basis is no classification as to warrant its exclusion from the mischief of Article 25; (vi) that equal protection of law means that all persons equally placed be treated alike both in privileges conferred and liabilities imposed; (vii) that in order to make a classification reasonable, it should be based- (a) on an intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out; (b) that the differentia must have rational nexus to the object sought to be achieved by such classification; Principles as to classification are as under: (a) A law may be constitutional even though it relates to a single individual if, on account of some special circumstances, or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself; (b) There is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles. The person, therefore, who pleads that Article 25, has been violated, must make out that not only has he been treated differently from others but he has been so treated from persons similarly circumstanced without any reasonable basis and such differential treatment has been unjustifiably made. However, it is extremely hazardous to decide the question of the constitutional validity of a provision on the basis of the supposed existence of facts by raising a presumption. Presumptions are resorted to when the matter does not admit of direct proof or when there is some practical difficulty to produce evidence to prove a particular fact; (c) It must be presumed that the Legislature understands and correctly appreciates the needs of its own people, that its laws are directed to problems made manifest by experience, and that its discriminations are based on adequate grounds; (d) the Legislature is free to recognize the degrees of harm and may confine its restriction to those cases where the need is deemed to be the clearest; (e) in order to sustain the presumption of constitutionality, the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; (f) while good faith and knowledge of the existing conditions on the part of the Legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the Court on which the classification may reasonably be regarded as based, the presumption of the constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and unknown reasons for subjecting certain individuals or corporations to hostile or discriminating legislation; (g) a classification need not be scientifically perfect or logically complete; (h) the validity of a rule has to be judged by assessing its overall effect and not by picking up exceptional cases. What the court has to see is whether the classification made is a just one taking all aspects into consideration." Undoubtedly, the battle for gender justice has been a long-drawn struggle. Gender based discrimination reveals ugly face of the society, which is prohibited under the Constitution. The insertion of clause (3) of Article 25 of the Constitution in relation to women is recognition of fact that for centuries, women of this country have been socially and economically handicapped. As a result, they are unable to participate in the socio-economic activities of the nation on a footing of equality. It is in order to eliminate the socio-economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that sub-clause (3) is placed in Article 25 of the Constitution. Its object is to strengthen and improve the status of women. Similarly, a duty has been cast upon the State under Article 34 of the Constitution that steps shall be taken to ensure the full participation of women in all spheres of national life. Making special provisions for women is an integral part of Article 25(3) of the Constitution.

17. The Hon'ble Supreme Court of Pakistan in Civil Petitions Nos. 1347 and 1655 of 2019 held that: "It is underlined that dignity is an inherent and inseparable right of a human being and has thus been guaranteed by our Constitution as an absolute, non-negotiable and inviolable fundamental right that is not subject to any qualification, restriction or regulation. Dignity values the worth of each person and requires the recognition of each person's worth to be held in equal measure for all. It is harmed when individuals are marginalized, ignored or devalued, and is enhanced when the full place of all individuals within the society is recognized. The right to dignity under Article 14 and the construct of "gender equality" turns "sexual harassment" on its head and buries it deep underground. The universal value of human dignity provides that "all human beings are born free and equal in dignity and rights." It shuns patriarchy, misogyny and the age-old archaic and dogmatic social norms, and nurtures progressive and forward-looking constitutional ideals of liberty, equality and social justice. It is time to bid farewell to gender biases and prejudices, and pave the way towards the actualization of these robust and unwavering constitutional ideals and values by embracing the participation of women in all spheres of life with honour and dignity. "No nation can rise to the height of glory", in the words of the Founder of our Nation, Muhammad Ali Jinnah, "unless your women are side by side with you. We are victims of evil customs. It is a crime against humanity that our women are shut up within the four walls of the houses as prisoners. There is no sanction anywhere for the deplorable condition in which our women have to live" This judgment passed by the Hon'ble Supreme Court of Pakistan eloquently encapsulates the essence of the case at hand. It underscores the universal principle of human dignity, emphasizing that all individuals are inherently free and equal in their rights. This principle rejects outdated social norms and prejudices, calling for a departure from gender biases and embracing progressive constitutional ideals of liberty, equality, and social justice. As the Founder of our Nation, Muhammad Ali Jinnah, wisely stated, "No nation can rise to the height of glory without the equal participation of women in all aspects of society. In the case titled as Gul Sher v. Additional Sessions Judge Bhowana (PLD 2023 Lahore 171) it was held that: "Constitution of Pakistan guarantees equal rights to women and prohibits any discrimination on the basis of sex. Principles of Policy obligate the State to take steps to ensure full participation of women in all spheres of national life and to protect the marriage, the family, the mother and the child and make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vacations unsuited to their age or sex, ad for maternity benefits for women in employment" This judgment underscores the constitutional guarantees of equal rights for women in Pakistan; it highlights the State's obligation to promote the full participation of women in all aspects of national life, safeguarding the well-being of families, mothers, and children. Additionally, it emphasizes the need for just and humane working conditions and the prevention of employment in occupations unsuitable for women's age or gender, along with the provision of maternity benefits for women in employment. In the case titled as Ishrat Batool v. Government of Punjab (2018 PLC (C.S.) N 165-Lahore) it was held as under: "All citizens are to be treated equally and there cannot be any discrimination including gender discrimination, however, the State may make special provisions for protection of women and children. Constitution allows positive classification for the protection of the women and children. Where a provision is made for the benefit of women and children, the State may provide them some benefits but cannot deprive them of the same. Positive discrimination in favour of women and children is permissible and negative discrimination is barred". This Judgment passed by the Lahore High Court emphasizes the principle of equality enshrined in the Constitution, stating that all citizens must be treated equally without any form of discrimination, including gender bias. It also highlights an important distinction while the State can make special provisions to protect the rights and welfare of women and children, these provisions should not lead to the deprivation of their rights. In other words, positive discrimination in favour of women and children, such as policies aimed at addressing gender disparities or safeguarding their well-being, is permissible and even encouraged. Still, any form of negative discrimination that actively denies them equal rights or opportunities is strictly prohibited. This principle ensures that while promoting gender equality and protecting vulnerable groups, fundamental rights remain intact for all citizens. In the case titled as Talat Haleem v. Principal BMC (2015 PLD 97-Quetta), this court held that: "State was mandated under the Constitution to eliminate gender discrimination, but authorities had attempted to perpetrate the act of gender discrimination in fixing percentage of seats for girls in medical colleges, No plausible and justifiable reasons were offered on the part of authorities to arrive at the conclusion that female students did not enter field of medical after completing their studies and, therefore, to hold 50% reservation provided for girls needed to be implemented, women were working in all spheres of life including law enforcing agencies, education and civil administration. Restraining admission of females in medical colleges on the ground that they did not enter into medical field, could not be appreciated, as the same work was already being performed by them. Such action of authorities amounted to gender discrimination and could not be called as a reasonable restriction." The above judgment passed by this court highlights that the State is constitutionally obligated to eliminate gender discrimination. In this case, authorities were found attempting to perpetrate gender discrimination by imposing a 50% reservation for girls in medical colleges without providing plausible or justifiable reasons. The argument that female students did not pursue medical careers after their studies was deemed unjustified, as women were already active in various fields, including law enforcement, education, and civil administration. Restricting female admissions to medical colleges based on this premise was seen as a form of gender discrimination and was deemed unreasonable. This judgment reaffirms the importance of upholding gender equality and ensuring that government actions are in line with constitutional principles. In C.P. No. 955 of 2022 this Hon'ble Court held as under: "Throughout history, the central role of women in society has ensured stability, progress and long terms developments of nations. Globally women comprise 43/44 % of World Agriculture Labour force, rising to 70% in some countries. Depriving half the population from such job opportunities would be nothing but a sheer act of injustice and violation of law and constitution." This recent landmark judgment by this court has stressed on the crucial role of women in society throughout history. It recognized that women play a central role in ensuring stability, progress, and long-term development of nations, particularly in sectors like agriculture, where they constitute a significant portion of the labour force globally. The decision to debar women from holding positions as Tehsildar and Naib-Tehsildar was not only deemed an act of injustice but also a violation of both the law and the constitution. This Court's Judgment in Constitutional Petition No. 955 of 2022 underscores the importance of upholding gender equality and granting women equal opportunities to contribute to the progress and prosperity of their nation, setting a precedent for the elimination of discriminatory practices in various fields. In the case of Reed v. Reed (1971), the Supreme Court of the United States of America held as under: "By providing dissimilar treatment for men and women who are thus similarly situated, the challenged section violates the Equal Protection Clause." This historical judgment was rendered by the Supreme Court of the United States of America, in which the Court unanimously held that the law's disparate treatment of men and women was unconstitutional. The Court struck down a state law on the grounds that it discriminated against women, thereby violating the Equal Protection Clause.

18. The logic/reason for the non-eligibility of female candidates for the post of Prosecuting Inspector does not appeal to a prudent mind for the simple reason that a number of female are presently working as Doctors, Engineers, Station House Officers (SHOs), and Senior Superintendent of Police, Assistant Commissioners, Aeronauts, Judges, Provincial Secretaries and Ministers, then there is no doubt that they are fully capable of assuming the roles of prosecuting inspector too.

19. We have also perused the Recruitment Policy, which is completely silent and does not carry such discriminatory clauses. Even otherwise, the Commission, being a Constitutional Body formed under Article 242 of the Constitution of Islamic Republic of Pakistan 1973, is required to perform such functions as may be prescribed by law. Article 242 provides appointment by the Commission with the sole object that meritorious candidates join the civil service. Neither the Government of Balochistan nor the Home and Tribal Affairs Department can compel the Commission to do an illegal and unconstitutional act.

20. We are conscious of the fact that the Government of Balochistan has introduced "The Balochistan Commission on the Status of Women Act No. V of 2017". For the promotion of social, economic, political, and legal rights of women and elimination of all forms of discrimination against women and for matters connected therewith or incidental thereto, however, except the appointment of a chairperson, no concrete steps have been taken so far to do the needful. In light of the foregoing, the Government of Balochistan has violated the fundamental rights of women residing in Balochistan as guaranteed under the Constitution of Pakistan (Article 4, Article 18, Article 25, Article 27, Article 37, and Article 38 of the Constitution of Pakistan, 1973), by preventing women from applying for the positions of Prosecuting Inspector (BPS-16). Furthermore, these actions are also in violation of Pakistan's international commitments under the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, (CEDAW) and the Discrimination (Employment and Occupation) Convention, 1958. The actions of the Government of Balochistan also run counter to the teachings of Islam, which advocate for equal treatment of both men and women. These actions also disregard the judgment passed by this Court in Constitutional Petition No. 955 of 2022, dated 29.09.2022. In accordance with the directions made in Constitutional Petition No. 955 of 2022 by this Hon'ble Court, the Government had a duty to adhere to the judgment and refrain from discriminating against women in employment opportunities. However, they have once again advertised the position of Prosecuting Inspector, excluding women from participation, which is unlawful, unconstitutional, contrary to the teachings of Islam, and in violation of our international obligations. Hence, this practice of debarring women from holding positions of Prosecuting Inspector not only contravenes the principles of justice and equality but also perpetuates patriarchal norms, misogyny, and outdated societal customs. It is time to shatter these age-old barriers and uphold the progressive and forward-looking constitutional ideals of liberty, equality, and social justice. We must bid farewell to gender biases and prejudices and, instead, pave the way for the realization of these steadfast constitutional principles by welcoming women's participation in all aspects of life with honour and dignity.

21. For the aforesaid discussion, the impugned condition is tantamount to discrimination, which is not permissible under the Constitution and goes against the Constitutional mandate of equality and safeguarding against discrimination in service, the petition is allowed and disposed of in the following terms: a) The condition whereby only male candidates are declared eligible and female have been debarred is illegal and unconstitutional; b) Respondent No.2 is directed to re-advertise the posts of Prosecuting Inspectors, inviting all interested candidates without any discrimination; c) The government shall take immediate steps to strengthen the office of the Commission on the status of women in order to eliminate all forms of discrimination in the existing laws. Copy of this order be sent to the Registrar of this court, the Chief Secretary Government of Balochistan, and the Chairman Balochistan Public Service Commission for information and necessary action. MH/24/Bal. Order accordingly.