ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 4014 of 2016

Date of hearing

Order with signature of Judge

 

Hearing of case

1.    For orders on office objection at Flag-A

2.    For hearing of main case

 

08-09-2021

 

Mr. Raj Kumar D. Rajput, Advocates for the petitioner.

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh along with Inspector Javed Iqbal, Focal Person of SSP Sukkur.

 

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            Through this Petition, the petitioner has sought the following relief(s):

a)                  To implement the Office Memorandum dated 31st December 2010 issued by the Cabinet Secretariat Establishment Division and section 10(1) of Disabled persons employment and rehabilitation ordinance 1981 in the advertisement for the recruitment of the Posts of Police Constables BPS-5 for the disabled persons 2% quota and the Petitioner should be given proper chance to participate/contest the recruitment test on disabled persons quota, for which the Petitioner though submitted the application but was not considered and was returned.

b)                  To declare that the advertisement No. INF. KRY No. 3064/2016 published by the Police Department for the Posts of Police Constables BPS-5 is not according to law as such has no legal effect as no disabled persons 2% quota has been provided.

c)                  Costs of the Petition be awarded to the Petitioner.

d)                  Any other relief that this Honourable Court deems fit and proper be awarded to the Petitioner.

            At the very outset, we have confronted the petitioner’s Counsel as to how the petitioner, being disabled person, can claim appointment against the post of Constable, which otherwise, requires passing fitness and medical tests. To this, he submits that the petitioner would be satisfied and will not press this Petition, if directions are given to the respondents to strictly adhere to the directions of the Hon’ble Supreme Court given in the case of Malik Ubaidullah v. Government of Punjab and others (2021 PLC (C.S.) 65) in respect of quota of disabled persons in all such recruitments.

            In view of the above, the Petition stands disposed of with directions to the respondents to adhere to the guidelines and directions of the Hon’ble Supreme Court as above and shall ensure that as and when new posts are advertised, such directions if applicable, must be followed, whereas, the petitioner may apply for the job in such quota as and when the advertisement is made.

            With these observations, the Petition stands disposed of.

 

 

J U D G E

 

J U D G E

Abdul Basit