Discrimination in appointment
Discrimination in appointment legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioner-lady applied for post of Research Officer (BS-17) in the concerned Department and took the requisite tests and interview
Petitioner was declared successful and an offer letter for the post in question was issued to her, which she accepted and also cleared her medical examination
Petitioner was not issued an appointment letter on the grounds that post in question was reserved for a zone/city, which was different to the city where petitioner was domiciled
Validity
Eight different seats were available for the post in question, out of which six were allocated for different cities/zones, and the remaining two seats were merit-based
Out of the two merit-based seats, one was allocated to a candidate who had obtained lesser marks than the petitioner
Petitioner held the requisite qualification and had successfully passed the test and examination and acquired the highest marks, therefore, her non-appointment on one of the two merit-based seats was not understandable
Contention of Department to the effect that petitioner could not be appointed to the post due to zonal quota was not relevant as petitioner was seeking her appointment on the merit-based seat, and not the ones reserved for zonal quota
Non-appointment of petitioner to the post in question amounted to discrimination as she was qualified for the post
Non-appointment of petitioner could also be categorized as discrimination on basis of gender, which the Constitution specifically forbade
Constitutional petition was allowed and concerned Department was directed to issue appointment letter to the petitioner.
"Discrimination in appointment", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944976
Precedents & Case Laws citing "Discrimination in appointment"
2014 P L C (C
Ms. ZAHIDA NAWAZ Versus GOVERNMENT OF BALOCHISTAN through Secretary Agriculture and Cooperative Department
Court: Balochistan High Court2003 P L C (C
AYAZ MUHAMMAD KHAN and others Versus PROVINCE OF SINDH and others
Court: Karachi High Court2021 P L C (C
WAHEED KHAN and others Versus CHIEF SECRETARY KHYBER PAKHTUNKHWA and others
Court: Peshawar High Court2024 P L C (C
ALI HASSAN and 20 others Versus PROVINCE OF SINDH through Secretary Home Department, Sindh Secretariat, Karachi and 3 others
Court: Sindh High Court (Sukkur Bench)2007 P L C (C
Dr. MUBASHAR AHMED Versus P.T.C.L. through Chairman, Islamabad and another
Court: Supreme Court Pakistan2004 S C M R 1673
Dr. MUBASHAR AHMED — Petitioner Versus P.T.C.L. through its Chairman, Islamabad and another — Respondents
Court: Supreme Court Pakistan2015 P L C (C
SHAHID RAHIM Versus BOARD OF TRUSTEES OF KARACHI through Chairman, Karachi and another
Court: Sindh High Court2018 P L C (C
ISHRAT BATOOL and another Versus GOVERNMENT OF PUNJAB and others
Court: Lahore High Court (Multan Bench)2021 P L C (C
INSPECTOR GENERAL OF POLICE AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR and 2 others Versus Syed SHAHZAD ALI SHAH and 4 others
Court: Supreme Court (AJ&K)P L D 1993 Lahore 423
Mst. NASREEN IQBAL ‑‑‑ Petitioner Versus MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE and another ‑‑ Respondents
Court: would amount to depriving her of that property ‑‑‑ Provision of R.19(2)(d), West Pakistan Land Revenue Rules, 1968, was thus, ultra vires of the Constitution and, therefore, of no legal effect ‑‑‑ Order of Board of Revenue declining to appoint petitioner (female) as a Lambardar on the basis of R.19(2)(d), West Pakistan Land Revenue Rules, 1968, was also declared‑to be without lawful authority and of no legal effect.‑‑Vires of legislation.