LAHORE: In a significant judgment aimed at reinforcing the constitutional and statutory rights of persons with disabilities, the Lahore High Court (LHC) has directed the Punjab government to strictly observe the three per cent employment quota reserved for disabled persons in public sector jobs.

Justice Malik Awais Khalid passed the judgment on a writ petition filed by a disabled candidate, Muhammad Faheem, who challenged the recruitment process initiated through an advertisement published on Sept 28, 2023.

The petitioner contended that the respondents, including the chief executive officer of the Bahawalpur District Education Authority, had failed to allocate the mandatory three per cent quota for disabled persons as required under the law.

The petitioner argued that despite the legal framework the education department had failed to advertise posts reserved for disabled persons since 2022, causing undue delay and hardship.

He said it was a violation of Article 9 of the Constitution, which guarantees the right to life, interpreted broadly to include the right to livelihood.

The judge observed that the rights of persons with disabilities are safeguarded by multiple legal instruments, including Section 31 of the Punjab Empowerment of Persons with Disabilities Act, 2022, which mandates at least three per cent of all posts in public employment to be reserved for disabled persons.

The judge also referred to Article 27 of the UN Convention on the Rights of Persons with Disabilities, which Pakistan has ratified, affirming the right of such individuals to participate equally in the labour market.

“The protection of the right to life, dignity and equality under the Constitution provides a sturdy platform for mainstreaming persons with disabilities,” Justice Khalid observed.

The judge cited several precedents, including verdicts of the Supreme Court, which reinforce the principle that quota seats for minorities or persons with disabilities cannot be transferred to the general category under any circumstances.

He ruled that the government’s failure to advertise the reserved posts for over three years was not only unreasonable but also unjust, impacting the petitioner’s right to be treated in accordance with the law.

Justice Khalid directed the department concerned to ensure compliance with the legal provisions and advertise the posts expeditiously while reserving the mandated quota for disabled individuals.

The provincial secretary of the relevant department has also been instructed to adhere strictly to rules, which places the responsibility of lawful administration and recruitment compliance squarely on the shoulders of departmental heads.

The judge also sought a compliance report to be submitted through the deputy registrar (judicial) of the LHC.

Concluding his judgment, Justice Khalid noted, “Employment is a key factor in the empowerment of people with disabilities. The statutory protection given to them must be rigorously followed so they can overcome social and practical barriers and fully participate in society.”

The judge disposed of the petition with an observation that both the Constitution and the statutory framework mandate the inclusion of disabled individuals in the workforce and its non-compliance amounts to a violation of their fundamental rights.

Published in Dawn, June 7th, 2025