AYAZ ALI vs FEDERATION OF PAKISTAN through Secretary, Finance, Islamabad arts — 2025 PLC(CS) 1238 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 1238 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: AYAZ ALI vs FEDERATION OF PAKISTAN through Secretary, Finance, Islamabad arts
Subject matter: Constitutional
Provisions referred to: S. 3; Pakistan Ordinance (XIX of 1949)

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

Judgment text as reported

AYAZ ALI VS FEDERATION OF PAKISTAN through Secretary, Finance, Islamabad arts. 18, 25, 189 & 199---National Bank of Pakistan Ordinance (XIX of 1949), S. 3(2)---Deceased employees of National Bank of Pakistan (NBP)---Sons/deceased quota---applicability---Recourse to writ jurisdiction of the High Court---Maintainability---NBP being a statutory corporation, is amenable to the writ jurisdiction of High Court under art. 199 of the Constitution---Supreme Court of Pakistan in view of case of "General Post Office, Islamabad and others v. Muhammad Jalal" had unequivocally ruled that appointments based on a son/deceased quota were discriminatory and violate the constitutional principles of equality and non-discrimination---article 25 of the Constitution mandates equal treatment and explicitly prohibits discrimination in public service appointments---Reserving employment for the progeny and widows of deceased employees without subjecting them to open competition is inherently exclusionary and prejudices the rights of other qualified citizens---artcle 18 of the Constitution reinforces the emphasis on merit-based appointments by guaranteeing every citizen the right to enter any lawful profession---Supreme Court has underscored that appointments made without open advertisement and competition undermine the principles of merit and fair competition, which are essential for good governance and the effective functioning of public institutions---Such judgment establish a binding precedent that High Court must adhere to, thus, the practice of appointing individuals based on a son/deceased quota, as requested by the petitioners could not be upheld---Constitutional petition was dismissed, in circumstances.

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