SC Declares Govt Employment Quota for Employees’ Children ‘Unconstitutional’

The Supreme Court has ruled that all policies, packages, and quotas related to the employment of government employees’ children are unconstitutional, overturning a 2021 decision by the Peshawar High Court (PHC).

Justice Naeem Afghan delivered the 11-page judgment, nullifying the Prime Minister’s Employment Policy Package, the relevant sections of the Sindh Civil Servants Rules 1974, and portions of the Khyber Pakhtunkhwa Civil Servants Rules 1989 and Balochistan Civil Servants Rules 2009.

The court stated that quotas providing jobs to widows or children of government employees without open advertisement or merit are in violation of several constitutional articles, including Article 3, 4, 5(2), 25, and 27 of the Pakistani Constitution.

In its judgment, the court ordered all provincial and federal governments to cease policies of providing government jobs to employees’ children without merit-based selection. However, it clarified that the decision does not affect quotas already awarded or policies granted to the families of martyrs in terrorist incidents.

The Supreme Court also noted that even the Prime Minister cannot override these rules, emphasizing that merit-based hiring is essential for good governance, and that such quotas represent unfair discrimination.

This ruling came after Muhammad Jalal, who sought a Grade-4 job after his father retired on medical grounds, approached the PHC. The high court had ruled in his favor, ordering his employment on contract, but the General Post Office (GPO) challenged the decision in the Supreme Court.