CENTER FOR RULE OF LAW ISLAMABAD, PAKISTAN vs FEDERATION OF PAKISTAN arts — 2026 PLD 129 ISLAMABAD

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CENTER FOR RULE OF LAW ISLAMABAD, PAKISTAN VS FEDERATION OF PAKISTAN arts.14, 25 & 36---Job advertisements for sweepers/sanitary workers---Newspaper advertisement limiting eligibility on religious grounds---Public functionaries failing to take action---Recruitment criteria based on religion---Constitutionality---Right to dignity and equality before law---Fundamental rights---Scope---Briefly, the petitioners were aggrieved of inaction of the public functionaries to take action against the repeated newspaper advertisements across Pakistan restricting recruitment for sweepers and sanitary workers to persons of a particular religion, predominantly Christians---Despite a formal request to the Ministry of Human Rights seeking issuance of directions to stop such advertisements and to ensure future recruitment notices were religion-neutral, no response was received, prompting the filing of the writ petition---Held: Phrases such as "the candidate must be Christian", "preference shall be given to Christians" and "only candidates from the Christian community may apply" were inherently discriminatory and offended the constitutional guarantees enshrined in arts.36 and 25 of the Constitution, which ensured equality, protection of minorities and non-discrimination---This discriminatory practice not only violated the fundamental rights of the minorities but it also reinforced negative stereotypes and prejudices against them, which could lead not only to further marginalization and discrimination but also affected their dignity---The advertisement of public posts on the basis of religion was degrading since it unfairly singled out a segment of society solely on the basis of religious identity and violated human dignity---Neither the Constitution nor any law permitted any authority, institution or individual to predicate appointments to the posts of sanitary workers or sweepers on religious affiliation---Such practice infringed upon fundamental rights and resulted in humiliation, exclusion and deprivation within the targeted community, contrary to the Constitution's commitment to dignity and equality---Consequently, any appointment process grounded in religious identity stood condemned and could not be upheld---all the respondents were directed to issue appropriate directions, notifications or office orders to their subordinate departments and organizations to ensure that in the future, no recruitment advertisement or appointment policy for sweepers or sanitary workers would be based on religion, ethnicity, community and that no segment of society is singled out for such posts on religious grounds---Constitutional petition was allowed, in circumstances.

CENTER FOR RULE OF LAW ISLAMABAD, PAKISTAN vs FEDERATION OF PAKISTAN arts — 2026 PLD 129 ISLAMABAD

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