' MAHMOOD AHMAD BHATTI, J. --- Shamim Bibi, the petitioner filed this petition, contending that an advertisement was placed in newspapers by District Co-Ordination Officer, Dera Ghazi Khan, respondent No, 1, inviting applications from candidates aged between 25 to 35 years to fill various slots, falling in the category of Class IV, Government Employees. The petitioner applied for one of the advertised post of Chowkidar to be posted at Government Girls Primary School Paigan, Dera Ghazi Khan.
2. Learned counsel for the petitioner contends that as per the recruitment policy of the Government of the Punjab, 5% quota has been reserved for women. He argues that 224 seats were advertised in Class C-4 and going by the policy of the Government, 12 seats were to be reserved for women. In actual fact, only 6 posts went to women, while the remaining quota available to women was assigned to men.
3. Since the petitioner was eligible for the post she applied for, she entertained the hope that she would be appointed to it. But to her chagrin and dismay, Muhammad Aslam, respondent No, 4 was made Chowkidar of the above-mentioned school, thereby disregarding the policy announced by the Government.
4. Mr. Mohammad Javed Saeed Pirzada learned Assistant Advocate General has vehemently opposed this petition, maintaining that a woman cannot be charged with the task of watch and ward. Only a male can discharge the duties of a Chowkidar. It was also argued by him that there was only one post of Chowkidar, which has already been filled by Muhammad Aslam, who is stated to be performing his duties at Government Girls High School Paigon, Dera Ghazi Khan.
5. I have heard the learned counsel for the petitioner and the learned Law Officer, in addition to going through the documents appended to the writ petition.
6. After examining the proclamation published in newspapers and the letter dated 29.12.2004 containing the policy statement issued by the Government of the Punjab regarding the appointment of contract employees, I have no doubt that 5% quota has been reserved for women for every post meant to be filled. As per the record, the petitioner fitted the bill and she was to be appointed to the post of Chowkidar at Government Girls Primary School, Paigan, Dera Ghazi Khan.
But due to the reasons which are not immediately discernible, and which have not been disclosed and spelt out by the respondents, the same was denied to her obliging her to rush to the Court to institute the instant writ petition. It cannot be lost sight of that the petitioner belongs to a far-flung area, and there must be some compelling reasons to deny her what is due to her. As for the argument made by the learned Law Officer that the petitioner being a woman was ipso facto disqualified, I am unable tc subscribe to the same. In this day and age, women are flying aeroplanes. They are discharging their duties in Police and Pak Army and they are also the pride of Pakistan Air Force and the nation. Besides, Chief Executive of this country has been a woman.
Therefore, I am not ready to attach any significance to the fact that the petitioner is a female, not a male and that she cannot discharge the duties of a Chowkidar. I cannot also disregard that she, was to perform her duties at Government Girls Primary School, Paigan Dera Ghazi Khan. She "could understand the psyche female children better than any man posted there. Above all sub-article
(2) of Article , 28 of the Constitution of Islamic Republic of Pakistan, 1973 debars, prohibits and discourages discrimination on the basis of sex. On the othe hand, sub-article (3) thereof provides for positive or revers( discrimination, which reads as under:- 'Nothing in this Article shall prevent the Stab from making any special provision for the protection of women and children.'
To put it simply, the constitution is loaded in favour women.
7. The upshot of the above discussion is that this writ petition is allowed. Respondents Nos. 1 & 3 she appoint the petitioner to a post of Chokidar at Governmer Girls Primary School, Paigan, Dera Ghazi Khan or at an other school in the vicinity of her residence. They shall can out this order within one month from today. Without fail.
' However it is made clear that Muhammad Aslam, respondent No, 4 shall not be dismissed from service to accommodate the petitioner.