MUHAMMAD ISRAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2024 PLC(CS) 158 PESHAWAR-HIGH-COURT

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MUHAMMAD ISRAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.10(3)---appointments---Disability quota, allocation of---Two (2) percent quota reserved for disabled persons, calculation of---Petitioners/ candidates (two in number) filed constitutional petitions separately praying for directions to the respondent (Education authorities) to appoint them as teachers---Contention of the respondents was that, in case of one of the petitioners, 49 posts of Teachers had already been filled on merit and for appointment of the 50th one, the 2% quota reserved for the disabled persons would be observed by appointing one disabled person; and, in case of other petitioner, two (2) disabled persons had been appointed against total of 146 appointees on open merit and that when strength of the appointees on open merit would reach 150 then a seat would be reserved for the appointment of third (3rd) disabled person against the quota---Held, that the contention of the respondents was not correct as S.10(3) of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 ('the Ordinance 1981') stipulated that while calculating the percentage of the posts in an establishment for the purpose of employment of disabled persons, the fraction of 0.5 and above would be counted as a whole number---Record revealed that, in case of first petitioner, so far 49 posts of Teaches had been filled on merit and none had gone to disabled persons while, in case of second petitioner, 146 posts had been filled on open merit against the two (2) for disabled persons, which was not justifiable in view of S.10(3) of the Ordinance, 1981---High Court directed the respondents to appoint the petitioners as teachers respectively against the 2% disabled persons quota---Constitutional petitions were allowed, in circumstances.

MUHAMMAD ISRAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2024 PLC(CS) 158 PESHAWAR-HIGH-COURT

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