2020 PLP (C (PLC(CS))

ALI BAIG, J.

This writ petition under Article 86(2) Gilgit Baltistan Order, 2018 read with enabling Articles of Constitution of Islamic Republic of Pakistan, 1973 has been filed by the petitioners namely Samreena Qayum wife of Saifiullah resident of Thak Niat Tehsil District Diamer and Mst. Aliya daughter of Sanobar Khan resident of Goner Faram District Diamer seeking the following remedies:- (a) The illegal and unlawful appointment Order No.3330/EP/N/ SP/2017/238 dated 4th January 2019 issued by respondent No. 3 Dr. Shakeel Ahmed Khan Director EPI, Gilgit Baltistan in favour of respondents 8 to 28 may be suspended by declaring it null and void. (b) The respondents Nos. 6 and 7 may be directed to hold /stop the salaries of respondents Nos. 8 to 28. (c) The respondents may graciously be directed to appoint the petitioners against the reserved 10% quota of woman in the Department of Health Gilgit Baltistan as vaccinator (BPS 9) in EPI Department Diamer. (d) Any other relief which this Hon'ble Court deems fit and proper according to nature of case may also be granted in favour of the petitioners.

2. Briefly stated facts giving rise to the filing of the instant writ petition are that the respondent No.3/Director EPI Health Department Gilgit Baltistan invited applications from suitable candidates for appointment against 105 posts of vaccinators (BPS 9) by publishing an advertisement in the News papers and out of 105 posts of vaccinators 21 posts were allocated/given to District Diamer. In the said advertisement, it was stated at serial No.7 of terms and conditions that women and disabled person quota is reserved as per rules. Accordingly, the present petitioners applied for the aforesaid posts against the women quota. The task of conducting of written test was assigned to the Carrier Testing Service of Pakistan (CTSP) Islamabad. Accordingly the present petitioners appeared in written test conducted on 28-10-2018 and qualified the same. The petitioners also appeared before the Departmental Selection Committee (DSC) EPI Directorate at Gilgit on 29/12/2018 for interview. But the respondent No. 3 has failed to appoint the petitioners against the 10% quota reserved for women, hence this petition.

3. The learned counsel appearing on behalf of the petitioners contended that the respondents Nos. 1 to 5 have violated the term and condition No. 7 of the advertisement published in local News Paper by not appointing the petitioners against the reserved 10% quota meant for women. The learned counsel for petitioners further argued that it is sheer discrimination against the petitioners on the part of respondents Nos. 1 to 5, therefore, the respondents Nos. 1 to 5 may be directed to appoint the petitioners against the posts of vaccinators (BPS-9) in District Diamer.

4. On the other hand the learned A.A.G, Legal Advisor Health Department and counsel for respondents Nos. 8 to 28 vehemently opposed this writ petition and contended that the answering respondents have appointed respondents 8 to 28 purely on merit as they had obtained higher marks as compared to the present petitioners. The learned Assistant Advocate General, Legal Advisor Health Department GB and counsel for the private respondents further argued that no disable and women quota was fixed as the disputed posts were to be filled in Union Council wise, hence the petitioners are not entitled for appointment against the above said disputed posts.

5. We have heard the learned counsel for the parties and perused the record with their able assistance.

6. From perusal of record it transpires that the respondent No. 3 had invited applications from suitable candidates of GB for appointment against 105 posts of vaccinators (BPS-9) by publishing an advertisement in the Daily Ausaf dated 10th September 2018. In the said advertisement it has been stated at serial No. 7 of terms and conditions that women and disable person quota is reserved as per Rules. The present petitioners have appeared in written test which was conducted by Carrier Testing Service of Pakistan and have qualified/passed the said written test by obtaining 53 and 31 marks respectively. The petitioners have also appeared before (DSC) Departmental Selection Committee for interview but the respondents have not considered the petitioners for appointment against the 10% quota reserved for women as per advertisement and Recruitment Rules/Policy.

7. Moreover, the Chief Minister Secretariat GB vide letter No CM-SECTT-P-5(14)/2015/1032 addressed to the Chief Secretary GB dated 3rd February 2016 has directed that all concerned departments of GB shall strictly observe the quota of disable, minorities and women to ensure their appointment against the reserved quota, which was conveyed to all departments of GB vide Services and General Administration, Information and Cabinet Department letter No.SO(S)-1-1(51)/2016 dated 25th February 2016. Furthermore, Services and General Administration, Information and Cabinet Department GB vide letter No 15th June 2017 addressed to all the Administrative Secretaries has once again stated that the competent authority has taken serious notice that various departments of Government of GB have advertised posts without observing special quota reserved for women, disable and minorities despite issuing the directions from time to time, which is sheer violation of recruitment policy.

8. In the instant case respondents Nos. 1 to 5 have once again violated the recruitment policy framed by the competent authority and have deprived the present petitioners from their legitimate right by not observing special 10% quota reserved for women which is against the fundamental rights of the petitioners and discrimination against the petitioners on the part of answering respondents.

9. For what has been discussed above, this writ petition is allowed and consequently the respondents Nos. 1 to 5 are directed to appoint present petitioners against the posts of vaccinators (BPS-9) by observing special 10% quota reserved for women. The answering respondents shall appoint the petitioners against the posts of vaccinators (BPS-9) in District Diamer within two months of the passing of this judgment without disturbing/terminating respondents Nos. 8 to 28 and compliance report be submitted to this court through Registrar of this court for our perusal. Copy of this judgment be sent to the respondents Nos. 1 to 5 for information and compliance. File. ZC/147/GB Petition allowed.