AZIZULLAH MEMON vs PROVINCE OF SINDH arts — 2024 PLC(CS) 1430 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

AZIZULLAH MEMON VS PROVINCE OF SINDH arts.14, 25, 189, 190 & 199---Civil service---appointment against disabled quota---Petitioners sought appointment against disabled quota in the light of policy of the Government and a judgment of the Supreme Court of Pakistan---Failure of the Government to exhaust the quota reserved for disabled persons---Effect---Contention of the petitioners was that they were deprived of their right to appointment against the quota reserved for disabled persons despite the fact they had been duly issued certificates of disability by the concerned authorities, therefore, they were discriminated against---Validity---In view of the principle of equality and non-discrimination the Government is obliged to ensure that persons with disabilities enjoy (i) the right to equality; (ii) a life with dignity; and (iii) respect for their integrity---Fundamental postulate of equality and non-discrimination is made available to persons with disabilities without constraining it with the notion of a benchmark disability---There is a critical qualitative difference between the barriers faced by persons with disabilities and other marginalized groups and in order to enable persons with disabilities to lead a life of equal dignity and worth, it is not enough to mandate that discrimination against them is impermissible, which is necessary, but not sufficient, rather it must be equally ensured that they should be provided the additional support and facilities that are necessary for them to offset the impact of their disability---Dicta laid down by the Supreme Court is binding upon the High Court under art. 189 of Constitution---Constitutional petition was disposed of with a direction that cases of the petitioners were required to be considered by the competent authority in the light of judgment of the Supreme Court passed in CPLas Nos.745-K to 750-K dated 14-7-2022.

AZIZULLAH MEMON vs PROVINCE OF SINDH arts — 2024 PLC(CS) 1430 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLC