SC Declares Quota Policy for Government Employees’ Children Unconstitutional

In a landmark decision, Pakistan’s Supreme Court has ruled that the quota policy and packages for government employees’ children are null and void, deeming them “unconstitutional”. This verdict marks a significant shift in the country’s employment landscape.

Key Rulings

• Unconstitutional Policies: The court invalidated the Prime Minister’s Package for Employment Policy and related office memorandums.
• Struck-Down Sections: Sections 11-A of Sindh Civil Servants Rules 1974, Section 10 Subsection 4 of Khyber Pakhtunkhwa Civil Servants Rules 1989, and Section 12 of Balochistan Civil Servants Rule 2009 were declared null and void.
• Merit-Based Employment: The court emphasized that jobs should be granted based on open merit, not quotas.

Reasoning Behind the Verdict

The court cited Articles 3, 4, 5(2), 25, and 27 of the Constitution, stating that unequal treatment contradicts good governance principles. Acquiring jobs under quotas is discriminatory and against merit.

Impact and Exceptions

• Existing Quotas: The ruling does not affect already granted quotas.
• Exceptions: The decision does not apply to heirs of individuals killed in terrorist incidents or packages awarded to martyrs’ families.

Case Background

The case began when Muhammad Jalal sought a Grade IV job due to his father’s medical retirement. The Peshawar High Court directed his contract-based appointment, which the General Post Office appealed to the Supreme Court.

Next Steps

The federal and provincial governments must abolish policies providing employment to government employees’ children without open merit or advertisement. This verdict sets a precedent for merit-based employment in Pakistan.

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