LHC orders Punjab to refill disability quota post under law

LAHORE: The Lahore High Court (LHC) has partly accepted a petition challenging an appointment made against a disability quota seat for the post of assistant education officer (BPS-16), directing the authorities to act in line with the law and safeguard the rights of persons with special needs.

Justice Raheel Kamran announced the verdict on a petition filed by Iftikhar Ahmad against the Punjab government.

The case related to recruitment carried out in Bahawalnagar in 2017, where respondent Muhammad Yar was appointed to a post reserved for persons with disabilities. The petitioner, who said he was next on the merit list, questioned the disability status of the appointee through departmental and judicial proceedings.

According to the judgement, the matter was examined by the director general of Social Welfare & Baitul Maal Punjab, who, acting on the recommendations of the Provincial Assessment Committee, issued an order declaring respondent Yar not a disabled person. Despite that declaration, the authorities did not take any follow-up action.

Later, the petitioner was appointed as assistant education officer, but his salary was withheld and his appointment was subsequently cancelled through later orders issued by the relevant authority.

Court findings

The petitioner argued that allowing the respondent to continue on a seat reserved for persons with disabilities was unlawful and in violation of the Punjab Disabled Persons (Employment and Rehabilitation) Ordinance, 1981.

In his judgement, Justice Kamran observed that the disability quota was a protected statutory arrangement meant only for persons suffering from disabilities and could not be occupied by someone who did not meet the legal test.

At the same time, the judge held that the petitioner’s own appointment could not be sustained in law because it had not been made through the prescribed recruitment process or by the competent appointing authority.

The court upheld the orders declaring the petitioner’s appointment irregular and without lawful authority. However, it also ruled that the respondent was not entitled to continue against a disability quota seat in view of the declaration issued by the competent forum.

Partly allowing the petition, the court directed the authorities to take consequential action in accordance with law and ensure that the disability quota post is filled strictly in line with the statutory scheme and applicable recruitment rules within 60 days.

Any laxity in enforcing disability quota not only defeats legislative intent but also erodes public confidence in the fairness of the system, the judge observed.

Before concluding the verdict, Justice Kamran also observed that public employment involving statutorily protected classes required scrupulous adherence to law, fairness and institutional discipline.