ABDUL HAMEED BALOCH, J.--- Through this Constitutional Petition the petitioner has prayed as under:- "In view of above mentioned facts and legal position of the case, it is humbly and respectfully prayed that by allowing this Constitutional Petition, the official respondents may kindly be directe d to implement the decision of their own Governing Body and to allot the plots (Commercial and Residential) to the petitioner like all other officers worked/working in QDA, in the interest of Justice, equity and fair play ."
2. Heard. Record perused. The perusal of record reveals that on 16.07.2020 the petitioner was asked as to under which provision of law/policy the officer of QDA or any other officer served for specific period is entitled for a plot.
The petitioner is civil servant and being a part of executive services (BCS/B-18) of the province, was posted as Special Magistrate, Quetta Development Authority . The petitioner stated that as per policy the respondent allows one plot to its Director General, Secretary and other officer/of ficial of QDA with 25% rebate but the petitioner application was declined by the respondent.
3. The Constitution of Islamic Republic of Pakistan guaranteed that all citizens are entitle to be equally treated and protected. Under Article 25 of the Constitution all the citizens are equal before the law and should be treated alike.
It would be necessary to reproduced the Article 25 of the Constitution as under:
25. Equality of citizens .---(I) All citizens are equal before law and are entitled to equal protection of law .
(2) There shall be no discrimination on the basis of sex" [***].
(3) Nothing in this Article shall prevent the State from making any special Provision for the protection of women and children.
4. The principle of equity of citizen is fundamental right. The right of equality is golden rule of Islam, which mandates that every citizen must be treated equal treatment with similar situated person. The doctrine of equality before the law and prohibition of discrimination is of the essence of human right and rule of law. The concept of equality enshrine under Article 25 of the Constitution is an analogous to - Article 7 of the universal declaration of human rights which stipulates that "all persons are equal before the law and entitled without any discrimination to the equal protection of law". Equal protection is the basic principle of justice under the law. The State has to treat its citizen equally without any discrimination. The Constitution does not allow discrimination between the citizen. The classification made without cogent reason based to benefit some individual is not permissible under the law.
Reliance is placed on the case of Dr. Mubashir Hassan v. Federation of Pakistan PLD 2010 SC 265, whereby it has been held as under: "Any Classification which is arbitrary and which is made without any basis is no classification and proper classification must always rest upon some difference which must bear a reasonable and just relation to the thing in respect of which it is proposed. "
5. Under Article 3 of the Constitution, it is obligatory upon the State to ensure elimin ation of all forum of exploitation and fulfilment of fundamental principle. The State is responsible to establish society which is free from exploitation.
The Holly Qur'an says that there is no difference between the individual. Reliance is placed on the case of PWD Employees' Union, Balochistan through Vice-President and others v. Secretary , Communication and Works Department, Government of Balochistan Quetta and others 2015 PLC (C.S.) 1182, whereby it has been observed as under:
24. It is manifest that the Holy Qur'an also, inter alia, enjoins that there is no difference between the individuals of mankind and that all human beings are equal in the eyes of Almighty Allah. The fittest person, who is strong and trustworthy , is to be employed in public employment. It is evident that the concept of preferential right for appointments in public employment like the provision of law under challenge runs counter not only to Article 2-A of the Constitution, but also to the commandment of Almighty Allah as ordained in the Holy Qur'an. In this respect, reference can be made to the case of "Nusrat Baig Mirza v. Government of Pakistan " (PLD 1992 Federal Shari at Court 412) , wherein the then Hon'ble Chief Justice, speaking on behalf of the Court, observed as under -- "The Holy Qur'an and Sunnah should form the basis of all our directions for all our spiritual as well as worthy endeavours as they provide us a guidance not only towards the good in the Hereafter but also to attain a good life in this world. Quota system in disregard of merit makes the place of domicile as the criteria and this has, unfortunately , been so woven and institutionalised in our socio-political fabric that unless we return to the original message of the Holy Qur'an we will be farther away from the righteous and straight path ()."
6. The providing of plot to the employee of respondent on 25% rebate is negation of the principle of equality . The officials/of ficers are paid according to their duty from exchequer , and the providing of plot to the employee in discount rate is additional, meaning thereby they are treated superior to the ordinary citizen, which is again the principle of equality . Where the constitution guaranteed equal rights to the citizen, the governing body of the respondent has not authority to pass such order , which is against the Constitution.
In view of the above, the petition is dismissed.