2003 PLP (C (PLC(CS))

In light of the Council Resolution, No.48/71 the following regional quota in Government Services has been fixed:--

1. J&K refugees settled in Pakistan 25%

2. District Mirpur 30%

3. District Poonch. 25%

4. District Muzaffarabad. 20%

2. Notification issued under No. Admin/3003 34/C.S/71 dated 16-3-1971 by which 10 percent. representation in services was sectioned for backward area as is cancelled in light, of the Council Resolution mentioned above. They will be absorbed in the quota of their respective districts.

3. Recruitment in the District Offices shall be made from the same district. This may please be acted upon in future. Sd/-Additional Chief Secretary" (Translated) Another circular was issued on 5th July, 1972 in which certain aspects about the quota system were clarified. This is the circular on which the appellant has based his claim. Translated in English the circular was worded as follows: "From the office of the Chief Secretary; Services and General Administration Department Azad Government of the State of Jammu and Kashmir. Af,om/1266-1271/C.S/72 dated 5-7-1972: To

1. All Secretaries to the Government.

3. All Heads of Departments. Sub: Regional Quota in Government Services. The Government decision about district-wise representation has already been communicated to you. In continuation of that decision, I am directed to state that whenever it is intended to fill up a vacancy the concerned department shall be bound to indicate in the advertisement that the post would be filled up from the district specified therein against the reserved quota and only candidates from that district would be brought under consideration. However, if a suitable candidate possessing the required merit is not available from that district, the appointment will be made from amongst suitable candidates from other districts. This principle would apply to all posts which are filled up through competitive examination and are gazetted. So far as non-gazetted and subordinate officials are concerned they will be recruited from within their available from within the district in that case appointing authority will bring the matter in the notice of the immediate officer and would then make appointment from other districts. P.S.C. will also be required to indicate in the advertisement inviting applications that the recommendations of the Commission will be formulated on the basis of district-wise quota, however, if candidate of required merit is not available the Commission will recommend the most suitable candidates irrespective of the district to which he belongs. Please act upon the foregoing. (Sd.) Addl. Chief Secretary." Mr. Abdul Rashid Abbasi added that Fundamental Right. No.17 (Safeguard against Discrimination in services) visualizes that Government jobs can be reserved on the basis of place of birth or domicile. There is force in this submission. The legal provisions and Government orders reproduced above support the view taken in the judgment under appeal that reservation on the basis of regional quota is mandatory in nature and negative the other view that it is rule of convenience. For the latter view no reasons has been recorded by the High Court. The learned Counsel for the respondents also did not support the rule of convenience' view and contested the appeal on technical grounds to which we will be presently adverting. We, therefore, uphold the opinion that the provisions under reference are mandatory to nature. It is, therefore, clear that all concerned functionaries are bound to implement them and any inconsistent order will be a serious illegality. In view of above, the writ petition is accepted and the Secretary Education is directed to determine the quota of the disputed post i.e. the Subject Specialist (Psychology) and after determining the quota, amended requisition shall be sent to the P.S.C. for test and interview, Advertisement No.1 of 2002 to the extent of Subject Specialist (Psychology) is hereby quashed. H.B.T./52/AJK Petition accepted.