The Supreme Court has declared the employment quota reserved for children of government employees as unconstitutional. The reserved decision, delivered in response to an appeal by a General Post Office (GPO) employee, also nullified a prior judgment by the Peshawar High Court.
The 11-page verdict, authored by Justice Naeem Akhtar Afghan, struck down all policies related to providing job quotas for the children of government workers, stating they violated the constitutional principle of merit. The judgment also annulled certain provisions of the civil service rules of Sindh, Khyber Pakhtunkhwa, and Balochistan.
According to the court’s ruling, Section 11A of the Sindh Service Rules (relating to the prime minister's package for appointments and transfers), Section 4(10) of Khyber Pakhtunkhwa Civil Service Rules, and Section 12 of the Balochistan Civil Servants Rules were rendered void.
The court declared that offering government employment to children and widows of civil servants without merit or advertisement violates the Constitution of Pakistan, which guarantees equal opportunity.
However, the court clarified that the ruling would not affect those who have already been appointed under these provisions. The decision would also not apply to the families of martyrs or officers of law enforcement agencies, as well as those engaged in the fight against terrorism, in recognition of their unique services and sacrifices.
The Supreme Court also refused to give the prime minister the authority to relax the quota-related rules, saying that achieving good governance is not possible with unequal treatment.
In its written decision, the Supreme Court emphasized that true achievement is only possible through equal treatment and merit-based recruitment, noting that appointments based on non-merit factors hinder fairness and equality in public service.
