Sindh High Court (SHC) here on Thursday heard a constitutional petition of Pasban Democratic Party (PDP) against the quota system, during which the federation submitted their reply.
A bench comprising Justice Salahuddin Panhwar and Justice Adnan-Ul-Karim Memon, heard the constitutional petition CP (D) 1906/2020 entitled Pasban Pakistan VS Federation of Pakistan and others, and adjourned it to October 13, 2021, after the federation submitted its written reply.
In their reply, the federation submitted that the existing quota system in the federal government was introduced in the light of Article 27 (1) of the Constitution read with Rule 14 of the Civil Servants (Appointment and Transfer) Rules 1973.
It said that the matter regarding amendment in the first proviso of Article 27 (1) of the constitution was considered by the then Cabinet in its meeting held on 07.03.2013 under Case No. 73/04/2013 which recommended extension in the period for further twenty years from 14.08.2013; however, constitutional amendment could not be made.
The matter was again placed before the former Cabinet which in its meeting dated 25.7.2013 also recommended extension of further twenty years.
The official Bill regarding amendment in Article 27 (l) of the constitution was laid in the House; however, it could not be brought on the agenda of former National Assembly for consideration for enactment by the Parliament; hence by virtue of Article 76 (30 of the constitution, it stood lapsed on dissolution of National Assembly.
It said that on the verbal directions of the Attorney General of Pakistan and as envisaged in the third proviso to Article 27 (1) of the Constitution of Islamic Republic of Pakistan 1873 to secure adequate representation of all federating units in the federal government services/ jobs read with Section 5 of the Civil Servants Act 1973, a summary through Law and Justice Division was submitted to Prime Minister for amendment in Rule 14 of the Civil Servants Act (Appointment, Promotion and Transfer) Rules 1973 has accordingly been amended with the approval of the Prime Minister and duly notified vide SRO No. 747 (I)/2020 dated 19.8.2020.
The existing quota is being followed on the strength of Article 37 (f) and 38 (g) of the Constitution and on the strength of Rule 14 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.
