ISLAMABAD: A lawyer has challenged the quota allocated to provinces and territories for recruitment in government departments of Islamabad.

Justice Mohsin Akhtar Kayani of Islamabad High Court (IHC) took up the petition and after preliminary hearing issued notices to the respondents, including the president, prime minister and the secretary law and justice.

Barrister Yawar Gardezi filed the petition seeking declaration against “any quota of any Unit/Province of the Federation, other than the Islamabad Capital Territory, in any and all jobs/posts of any and all departments of the Islamabad Capital Territory.”

The petition also requested the court to declare that “only holders of an Islamabad domicile are eligible to apply for such jobs/posts.”

It stated that 18th constitutional amendment had ensured autonomy to the federating units and decentralised numerous departments/ministries previously under the control of the federation.

The amendment created a Federal Legislative List, after which the federation could only make laws on subjects within that list and had administrative control to the extent of its legislative powers. The provinces now have legislative and administrative control over every subject or department not within the Federal Legislative List.

It said all subjects/departments of Islamabad were treated as departments of the federation for the purposes of government jobs, meaning that domicile holders of every unit of the federation have a specific quota and are entitled to apply for such jobs.

Furthermore, only a 50pc quota was reserved for posts in basic pay scales 1-15 in the departments of the federation which serve only Islamabad in violation of Article 25 of the Constitution and Rules 14, 15 and 16 of the Civil Servants (Appointment, Promotion and Transfer) Rules 1973, it added.

“Questions raised need consideration,” observed Justice Kayani and issued notices to the respondents as well as the chief commissioner Islamabad. Further hearing of the matter was adjourned till August 1.

Published in Dawn, July 21st, 2024