LHC orders Punjab to restart hiring for disabled medical officers quota

LAHORE: The Lahore High Court has ordered the Punjab government to begin a fresh recruitment exercise for persons with disabilities in the hiring of medical officers after finding that the mandatory quota had not been properly reflected in earlier advertisements.

Justice Raheel Kamran issued the ruling while deciding a constitutional petition filed by a disabled medical doctor. The petitioner had challenged the exclusion of the three per cent quota for persons with disabilities from recruitment advertisements issued by the health department for more than 2,000 posts of male and woman medical officers.

The petitioner, described in the judgment as a qualified doctor with a permanent spinal disability, argued that the advertisement did not mention the quota required under the Punjab Empowerment of Persons with Disabilities Act, 2022. He said that although he had applied on open merit and appeared in the written test, the absence of reserved seats denied him and other similarly placed candidates their legal right to compete under the designated quota.

Government response and court findings

A report submitted on behalf of the Punjab health department said the provincial cabinet had approved the Punjab Primary and Secondary Healthcare Services (Secondary Level Human Resource) Rules, 2025, along with the creation of 3,115 posts of medical officers and women medical officers on special pay packages.

The petitioner had applied in the first phase of recruitment but did not qualify. A later advertisement was issued for the posts with March 24, 2026 as the last date for applications, and that the petitioner had applied again while the process was under evaluation. The department further said a corrigendum regarding the special quota had already been issued and that the petitioner’s grievance had therefore been addressed.

In his judgment, Justice Kamran observed that Section 31 of the 2022 law requires all public sector departments to reserve at least three per cent of posts for persons with disabilities. He noted that the initial advertisement issued in December 2025 did not include the statutory quota.

The judge said the government’s later move to include the quota appeared to be a post hoc corrective measure after the petition had been filed. He held that the omission was not merely a procedural defect but a breach of constitutional and statutory protections intended to ensure inclusion of marginalised groups, adding that employment for persons with disabilities is not a charity but a constitutional and legal right, linked to dignity, livelihood and social inclusion.

Referring to Articles 9 and 27 of the Constitution, the judge said the denial of employment opportunities undermines equality and reinforces marginalisation. He also referred to Pakistan’s obligations under international frameworks, including the UN Convention on the Rights of Persons with Disabilities.

Directions issued by the court

Allowing the petition, the court directed the authorities to restart recruitment strictly for the reserved quota for persons with disabilities by publishing a fresh and comprehensive advertisement in newspapers, on official websites and through other media platforms.

The judgment also instructed the government to ensure broad publicity and transparency so that eligible candidates can participate meaningfully in the process.

Justice Kamran further ordered that a copy of the judgment be sent to the Punjab chief secretary for circulation to all administrative departments to ensure strict compliance with the three per cent quota law in future recruitment exercises.

The court had already stayed the appointment process on March 18 because of the government’s failure to implement the mandatory quota for persons with disabilities.