Malik UBAIDULLAH vs GOVERNMENT OF PUNJAB arts — 2021 PLC(CS) 65 SUPREME-COURT

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Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB arts. 9, 14(1) & 25(1)---Persons with disabilities---Fundamental rights under the Constitution---Scope---Constitution, as a whole, did not distinguish between a person with or without disabilities; it recognized inherent dignity of a human being; equal and inalienable rights of all the people as the foundation of freedom, justice and peace---Every person was entitled to all the rights and freedoms set forth therein, without distinction of any kind, therefore, it applied equally to persons with disabilities, guaranteeing them full enjoyment of their fundamental rights without discrimination---Triangular construct of the right to life, dignity and equality under the Constitution provided a robust platform for mainstreaming persons with disabilities. Citation Name: 2021 PLC(CS) 65 SUPREME-COURTBookmark this Case Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB Preamble---UN Convention on the Rights of Persons with Disabilities (UNCRPD), 2006, Art. 27---Concept of Disability and the importance of role of employment in the lives of persons with disabilities as compared to persons without disabilities, stated. Citation Name: 2021 PLC(CS) 65 SUPREME-COURTBookmark this Case Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB S. 10---Constitution of Pakistan, Arts. 9, 14(1), 18 & 25(1)---UN Convention on the Rights of Persons with Disabilities (UNCRPD), 2006, Art. 2---Employment of persons with disabilities---Disability quota of 2% against sanctioned posts---Persons with disabilities must be provided with the infrastructure, access, support, and facilities at their workplaces---Appropriate modification and adjustments, including assistive technology, where needed, were to be provided to ensure that persons with disabilities could enjoy on an equal basis with others all human rights and fundamental freedoms. Citation Name: 2021 PLC(CS) 65 SUPREME-COURTBookmark this Case Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB Preamble---Constitution of Pakistan, Art. 14(1)---Words "disabled," "physically handicapped" and "mentally retarded"---Such words deeply bruised and offended human dignity of persons with different abilities---Supreme Court directed that the Federal Government and the Provincial Governments were to discontinue the use of such words in official correspondence, directives, notifications and circulars and shift to "persons with disabilities" or "persons with different abilities"; that the view taken by the (Lahore) High Court in the judgment Barrister Asfandyar Khan Tareen and others v. Govt. of the Punjab and others (PLD 2018 Lahore 300) was approved and must be given effect to. Citation Name: 2021 PLC(CS) 65 SUPREME-COURTBookmark this Case Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB S. 10---Constitution of Pakistan, Arts. 9, 14(1) & 18---Employment of persons with disabilities---Disability quota---Allocation of 2% disability quota against sanctioned posts---Scope and meaning---Disability Quota was to be calculated on the basis of the total sanctioned posts of the establishment---In every tier of the establishment, the total Disability Quota was to be further apportioned and allocated amongst different categories of posts in the establishment---Determination of different categories was on the basis of their distinct qualifications, selection criteria and separate merit list---In case the sanctioned strength of a post was less than 50, it would be for the establishment to allocate seat(s) from the overall Disability Quota against such a post---If a particular post was not fit for a person with disabilities, the establishment may shift the Disability Quota and adjust it against another post in the establishment so that the overall Disability Quota was maintained at all times. Citation Name: 2021 PLC(CS) 65 SUPREME-COURTBookmark this Case Malik UBAIDULLAH VS GOVERNMENT OF PUNJAB art. 14(1)---Right to human dignity---Scope and purpose---Purpose of the constitutional right to human dignity was to realize the constitutional value of human dignity; to realize a person's humanity; his free will; the freedom to shape his life and fulfill himself; a person's freedom to write his life story---Such vibrancy and vitality was the hallmark of a living constitution in a democracy.

Malik UBAIDULLAH vs GOVERNMENT OF PUNJAB arts — 2021 PLC(CS) 65 SUPREME-COURT

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