1999 PLP 809 (MLD)

2 % 6 Kinship 2 % 2 % NIL For Girls 1 Open Merit 90 % 84 % As For Boys 2 Sports 3 % 7 % 3 Extra-Curricular Activities 1 % 3 % 4 Teacher's Children 2 % 2 % 5 Disabled 1 % 1 % 6 Kinship 3 % 3 % In all the aforesaid admission policies, out of the merit quota, 15 % seats were reserved for students belonging to rural areas.

2. Nationalised Secondary Schools Headmasters Association, the present petitioner, is aggrieved of the aforesaid latest admission policy when the seats reserved for 'teachers children' and those on the basis of kinship have been abolished. Hence, the present Constitutional petition has been brought claiming the said policy to be against the rights of the teachers and discriminatory. It has further been alleged that the condition that the seats reserved for 'sports' shall be available only to the students opting for 'arts subjects' was against the fundamental rights guaranteed by the Constitution.

3. Education Department, Government of the Punjab, on the other hand, has taken the stand that, since the reserved quota for teacher's children and on kinship basis was itself discriminatory, such reserved seats were shifted to merit quota. At the same time, it was, however, claimed that for admission in professional colleges, seats reserved for those two categories remain intact.

4. The claim of the Headmasters' Association for preservation of quota of teacher's children and on kinship basis for admission in the First Year of FA/FSc classes, however, is not based upon any legal right. As envisaged in Article 2 of the Constitution, Islam is the State religion of Pakistan and thereby all citizens, whatever status they may have in the society, possess the equal rights. The preamble of the Constitution and Article 2A thereof read with the Objective Resolution clearly provides for equality as enunciated by Islam. The Principle of equality was one of the basic principle which was enunciated by Holy Prophet (P.b.u.h.) in his last sermon, the relevant extract of which is as under:- . "O ye people, Allah Says, O People! We created you from one male and one female and made you into tribes and nations, so as to be known to one another. Verily in the sight of Allah, the most honouesed amongst you is the one who is most God-fearing. There is no superiority for an Arab over a non-Arab and for a non-Arab over an Arab, nor for the white over the black nor for the black over the white, except in God-consciousness. All mankind is the progeny of Adam, and Adam was fashioned out of clay. Behold! Every claim of privilege, whether that of blood or property, is under my heels, except that of the custody of the Kaba and supplying of water to the pilgrims."

5. On the principle enunciated above, one section of society cannot be treated differently than the other citizens. Article 25 of the Constitution upholds the same principle of equal treatment. In Mushtaq Ahmed Mohal and others v. The Honourable Lahore High Court, Lahore and others (1997 SCMR 1043), it was held by the Supreme Court that the quota system has not served Pakistan interest but, on the contrary, it has generated parochial and class feelings resulting into disunity.

6. On the aforesaid yardstick, the reservation of seats whether for teachers' 'children' kinship or for extra-curricular activities are certainly discriminatory and create unnecessary bickerings and also open doors for irregularities. The teachers children cannot be given any preferential rights over the children and who show better performance in examinations and rank higher in the merit. In fact, the Government should consider of doing away all kinds of reserve seats in the matter of admission in educational institution at all level.

7. In view thereof, there is no force in the present petition which is accordingly dismissed. A.A./N 16/L Petition dismissed