2014 PLP (C (PLC(CS))

QAZI FAEZ ISA, C.J.

The petitioner applied for the post of Research Officer (B-17) in the Agriculture and Cooperative Department (Research Wing) of the Government of Balochistan and took the requisite tests and interview, which were conducted by the Balochistan Public Service Commission ("Commission") and was declared to be a successful candidate. Thereafter, letter dated 15th July, 2008 was issued by the said Department offering her a post of Research Officer (B-I7) followed by letter dated 9th August, 2008 calling for the petitioner's medical examination. The petitioner accepted the said offer and cleared her medical examination. However, the petitioner was not issued an appointment letter, therefore, she filed an application requesting for issuance of such letter, but no decision on her application for issuance of the appointment letter was taken.

2. The respondent has filed comments, which do not deny the facts as stated above, but state that the petitioner held a domicile of Quetta city for which there was no post, and that a Summary was moved for consideration of the Chief Minister Balochistan for relaxation of zonal quota, but it was declined, therefore, the petitioner could not be accommodated on the seat reserved for Kalat zone, which was available.

3. Learned counsel for the petitioner states that the petitioner is a Bachelor of Science (Honors) Agriculture and obtained specialization in Plant Breeding and Genetics in first division and had applied to the Commission against the specialty of "Plant Breeding", for which there were total number of eight seats; out of which two seats were on merit basis, one for Kalat zone, two for Zhob zone, one for Naseerabad zone, one for Mekran zone and one for Sibi zone.

4. That against the said specialty of Plant Breeding only one person namely Tariq Ahmed was appointed, who belonged to Mekran zone. We enquired from the representative of the Commission, who is present as to the number of marks attained by Mr. Tariq Ahmed and he stated that Tariq Ahmed had obtained 113 marks, whereas the petitioner had obtained 117 marks. He further informed us that no other person was appointed either on the zonal seats or on the merit seats in other word only one person was appointed against the 8 available positions of Plant Breeder.

5. In view of the fact that the petitioner held the requisite qualification and had successfully passed the test and examination held by the Commission and had acquired the highest marks it is not understandable why she was not appointed on one of the two merit seats and instead the zonal allocation of Kalat zone was sought to be utilized. The referred to Summary declined the relaxation of the zonal quota, which was within the discretion of the Government of Balochistan. However, the petitioner is not seeking relaxation of the zonal quota, but instead appointment on merit and for which she appears to be entitled as she attained the highest marks, i.e. 117 as against 113 obtained by Mr. Tariq Ahmed, the only other person who was appointed. It is undoubtedly for such reason that the Government of Balochistan had itself issued letter dated 15th July, 2008 offering the petitioner the position of Research Officer, which was responded to by the petitioner in the affirmative on 17th July, 2008.

6. Article 25 of the Constitution of Pakistan stipulates that all citizens are equal before the law and entitled to equal protection of the law and that there shall be no discrimination on the basis of sex, however, in not issuing appointment letter to the petitioner the Government of Balochistan is discriminating against her. The petitioner, who is a lady, has not been appointed on the available 'merit seat' despite the fact that she acquired the highest marks. If she is not appointed it would be tantamount to denying her the constitutional guarantee against discrimination. Moreover, such denial could also be categorized as discrimination on the ground of sex, which the Constitution specifically forbids. The petitioner was therefore entitled to be appointed on the merit seat.

7. We accordingly allow the petition and direct the respondent to issue to the petitioner the appointment letter as Research Officer pursuant to the respondent's earlier letter dated 15th July, 2008. MWA/10/Q Petition allowe