Mst. NAJMA KHOKHAR vs DISTRICT AND SESSIONS JUDGE, GHOTKI R — 2025 PLC(CS) 1 KARACHI-HIGH-COURT-SINDH

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Mst. NAJMA KHOKHAR VS DISTRICT AND SESSIONS JUDGE, GHOTKI R.11-a---Constitution of Pakistan, arts.27 & 199---appointment---Deceased quota---Criteria for public employment---Writ petition against administrative decisions of administrative Committee of High Court of Sindh---Maintainability---Petitioner's other son had already been appointed as driver availing the deceased quota, however, his services were dismissed owing to bogus driving license---Petitioner claimed the appointment of her second son against deceased quota---Validity---Subordinate judiciary in Sindh should make appointments to all posts based on open merit and quotas for invalidated, incapacitated, minority, differently-abled and deceased employees and should also ensure that no citizen is discriminated against in public employment, as guaranteed by art. 27 of the Constitution---Government is obligated to create quotas for less privileged classes to ensure their adequate representation in the civil service and R. 11-a of the Sindh Civil Servants (appointment, Promotion, and Transfer) Rules, 1974, as amended, addresses this requirement by accommodating these categories of civil servants---appointment in the public office can only be made through the competitive process on merit as provided under the recruitment rules and not otherwise---appointments in public office are to be made strictly under applicable rules and regulations without any discrimination and in a transparent manner, thus, all appointments in the public institution must be based on a process that is palpably and tangibly fair and within the parameters of its applicable rules, regulations, and bylaws, however, if the candidate has applied based on R.11-a of Rules, he/she can be accommodated subject to his/her qualification for the post---Writ under art.199 of the Constitution does not lie against the administrative decision of the administrative Committee of the High Court of Sindh---Constitutional petition was dismissed, in circumstances.

Mst. NAJMA KHOKHAR vs DISTRICT AND SESSIONS JUDGE, GHOTKI R — 2025 PLC(CS) 1 KARACHI-HIGH-COURT-SINDH

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