Muhammad Ali Mazhar, J.--This petition is brought to seek the directions against the respondents to act upon 05% reserved quota in the Government services for the minorities in terms of Notification issued on 28.5.2010 by the Services, General Administration and Coordination Department (Regulation Wing) Government of Sindh.
1. The epigrammatic facts as narrated in the memo of petition are that the petitioners belong to the Minorities and being the citizens of this country they have equal rights, privileges and protection as envisaged under the Constitution of Pakistan. The Respondent No, 1 in order to fill the vacant posts, under the control of Respondent No, 2 and 3 invited Applications through advertisement published in the newspapers on 04.09.2012. Besides other posts, the vacancies for the post of Lecturer (English) BPS-17 were also announced with rational distribution of vacancies amongst Rural and Urban areas. The petitioners applied for the posts of Lecturer (English) BPS 17 and they were called upon to appear in the Written Test and after qualifying the written tests, they were also called for interviews. However on 15.2.2013, the Respondent No, 1 announced the result but the names of the petitioners were not found in the successful candidates' either on merits or on reserved 5% quota fixed for minorities.
2. The learned counsel for the petitioners argued that non-acting upon 05% reserved quota by the respondents has severely affected and invaded the fundamental rights of the petitioners. The petitioners are entitled to be selected/recommended for the posts of Lecturer English BPS-17 in Education and Literacy Department (Government of Sindh) on the basis of Quota reserved for Minorities. The act of Respondent No, 1 in particular and Respondent Nos. 2 and 3 in general has put the petitioners into disappointment which is blatant violation of their fundamental rights. Despite qualifying the written test, the petitioners were not afforded opportunity to serve in the education department.
3. The learned AAG referred to the comments filed by Sindh Public Service Commission (Respondent No, 1) in which they admitted that applications were invited for various posts through advertisement and they conducted written test for the post of Lecturer English (Male and Female).
Total 259 candidates (Male) appeared in the test including the petitioners out of which 74 were declared qualified in the written test including the petitioners who appeared in the viva-voce also with other candidates before the Interview Committee appointed by the Commission, but the petitioners were declared failed in the interview so their names were not recommended for the appointment. So far as the main controversy involved in this case regarding 5% quota for the minorities is concerned, it is stated in the comments that the Commission received requisition for recruitment without reserving 5% quota. Simultaneously, the learned AAG also referred to the comments filed by Respondent No, 3 (Secretary, Education & Literacy Department) in which a position was taken that 5% quota was reserved for minorities as circulated by the Federal Government of Pakistan and the Government of Sindh and the Respondent No, 3 in its requisition form advised the Sindh Public Service Commission to mention ratio but the present petitioners applied on open merits and not on the basis of reserved quota. It is further stated in the comments that the Respondent No, 3 never created any barrier for the recruitment on open merits but in the case in hand the petitioners themselves not applied on the basis of 5% quota reserved for the minorities and they opted to appear in test on open merit. The learned AAG further argued that in terms of notification referred to above, it was obligatory to reserve the quota in the advertisement but no such indication was given by the Respondent No, 1 in the advertisement though all the respondents are bound to act in terms of the notification reserving 5% quota for minorities in the jobs. The learned AAG also confirmed that the notification is in field and the respondents are bound to act accordingly in future also.
4. The bone of contention in the case is 5% quota reserved for minorities and its due implementation in letter and spirit while the respondents took the plea that the petitioners did not apply on the quota basis but participated in the process on open merits. Now for us it is to be seen what sincere efforts were made by the respondents including Sindh Public Service Commission for putting into practice the notification of reserved quota issued for the minorities in order to accommodate them a range of job prospects. With a view to lighten up the controversy, it would- be expedient and constructive to reproduce the Notification in question: "No, SORI (S&GAD)2-17/1994 GOVERNMENT OF SINDH SERVICES, GENERAL ADMINISTRATION AND COORDINATION DEPARTMENT (REGULATION WING)
Karachi dated the 28th May, 2010 To,
1. Addl. Chief Secretary to Govt. Of Sindh, Planning and Development Department, Karachi.
2. Senior Member Board of Reven Karachi All Administrative Secretaries to Govt. Of Sindh, Karachi Subject:- RESERVATION OF 05% QUOTA FOR EMPLOYMENT OF MINORITIES (NON MUSLIM ACROSS THE BOARD IN SINDH GOVT. SERVICES/JOBS).
In pursuance of the Federal Govt. Office memorandum, dated 26.05.2009 Govt. Of Sindh is pleased to reserve with immediate effect 06% quota for employment of Minorities (Non Muslim) as defined in Article 260(3)(b) of the Constitution of Islamic Republic of Pakistan, 1973, to all posts across the board in the Sindh Government Services/jobs to be filled by direct recruitment including the Combined Competitive Examination in addition to the participation in the open merit. The above reservation will not apply to:--
(i) Appointment made against the Project related posts.
(ii) Recruitment made by promotion or transfer in accordance with the relevant rule.
(iii) Short term vacancies likely to last for less than six months and
(iv) Isolated post in which vacancies occur only occasionally.
3. These orders shall also apply to initial appointments in all attached departments/autonomous senmautonomous bodies/ corporations/public and corporations 3tc. Administratively controlled by the Sindh Government.
4. All Administrative Departments are requested to kindly bring the above instructions to the notice of all concerned. For information and compliance while making future recruitment.
CHIEF SECRETARY GOVERNMENT OF SINDH No. SORI (S&GAD) 2-1/94 Karachi dated 28th May 2010 A copy is forwarded to the Superintendent, Sindh Government Printing Press, Karachi, with a request to publish the same in the next issue of the Sindh Government Gazette and supply 300 copies thereof to this Department.
SECTION OFFICER (REG-I)"
No. SORI (S&GAD) 2-1/94 A copy is forwarded for information to: 1.................
5. The above Notification was issued with reference to the Article 260(3)(b) of the Constitution and Chief Secretary, Government of Sindh had reserved with immediate effect 5% quota for employment of minorities to all posts across the board in the Government Services, which may be filled by direct recruitment including the combined competitive examination in addition to the participation in the open merit. In the same notification all the administrative departments were advised to bring the instructions contained in the notification to the notice of all concerned for information and compliance while making further recruitment. The notification further states that this will also apply to initial appointment in all attached departments, autonomous, semi- autonomous bodies and corporations etc. Administratively controlled by the Sindh. Government. It is discernible from the notification that copy of it was endorsed to various Sindh Government Departments and Sindh Public Service Commission also to put into effect but neither the Sindh Government took care of the reserved quota nor the commission acted aptly to ensure its due implementation. On the contrary, the Sindh Government and Sindh Public Service Commission both are shifting burden and blaming each other for the non-compliance. The fact remains that advertisement attached with the memo of petition does not show that any reserved sites and continue this till such time the above Notification remains in field.
(c) The petitioner shall be allowed to participate in the forthcoming recruitment process on 5% reserve quota and the Respondent No. 1 is directed to process the applications in accordance with law and if their credentials and antecedents are found compatible with the job descriptions they shall be considered for the appointment after fulfilling prerequisites. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.