The Sindh High Court (SHC) has given the provincial government and the authorities concerned two months to complete the requisite appointment exercise for the petitioners, who seek appointments under the differently abled reserved quota in government jobs.
The petitioners said they have applied for the job quota reserved for differently abled persons in terms of the decisions of the Supreme Court, but they are not being appointed by the relevant departments.
An SHC division bench headed by Justice Adnanul Karim Memon said that the right of differently abled persons to be considered for public employment against the prescribed quota is no longer res integra (untouched matter), and it is anchored in the principles of equality as provided under articles 4, 18 and 25 of the Constitution.
The court said that propriety demands that the candidature of the petitioners be reassessed for appointment with meaningful consideration without fail. The provincial law officer said that an integrated grievance system exists at the digital job portal to ensure the timely resolution of the complaints on the subject issue. He said that the petitioners’ cases would also be considered in accordance with the law and the policy of the Sindh government.
The bench said the SHC is only concerned with the implementation of the judgment, which was neither set aside nor suspended by the Federal Constitutional Court, and this remains binding and enforceable.
The bench said that the controversy raised in the matter is fully governed by the binding precedent, and no further adjudication is required. The court said that the appropriate course is to enforce compliance rather than to re-litigate the settled questions of the law.
The SHC directed the provincial government to complete the requisite appointment exercise for the petitioners within two months to ensure effective implementation of the constitutional and legal obligations.
The court warned that failure to comply within the stipulated time frame would entail consequences in terms of Article 204 of the Constitution, including exposure to departmental proceedings for non-compliance with judicial orders.
