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IHC suspends FPSC advertisement operation till May 25

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Issuing notices to the secretary cabinet and others, Islamabad High Court has suspended the job procurement process in response to advertisement of Federal Public Service Commission where Balochistan quota has not been mentioned.ย 

On March 30,ย  Advocate Bebarg Sattar Baloch invoked the jurisdiction of the Islamabad High Court (IHC) on behalf of petitioner Habib Kareem Baloch urging the court to set aside the advertisement of Federal Public Service Commission (FPSC) on the grounds of the unavailability of Balochistanโ€™s quota.

After the preliminary hearing of the plea of the aggrieved challenging the impugned advertisement, a single-member bench of the IHC comprising Babar Sattar issued notices to respondents including Secretary Cabinet Division. Given that the question involves the interpretation of the Constitution and the law, a notice was also issued to the office of the Attorney General.

Meanwhile, the procurement of job applications and their processing for purposes of the impugned advertisement was suspended by the Honโ€™ble High Court Court till the next date of hearing.

โ€œIn the absence of any vacancy/vacancies for openย  merit, the petitioner is bereft of the opportunity. Effectively, this amounts to a permanent blockage of the Right of Employment for the people of Balochistan and is a clear violation of the petitionerโ€™s constitutional rights and amounts to discrimination. Hence, the instant Writ Petition, urging the Honโ€™ble Court to set aside the Impugned Advertisement and direct the respondents to ensure equal opportunity for the Province of Balochistan in all future advertisementsโ€, Advocate Bebarg Sattar Baloch submitted .

Advocate Bebarg submitted saying the FPSC has advertised a total of nine posts of Additional Deputy District Prosecutor (BS-17) vide its Consolidated Advertisement No. 3/23 dated 03-03-2023. However, no quota has been allocated for the province of Balochistan, despite the allotted quota for all other provinces including Islamabad.

The counsel informed the court that the petitioner has sent a representation to Secretary Ministry of Interior with a plea to withdraw the impugned notification and re-advertisement for the post of Assistant Deputy District Prosecutor (BS-17) in the proper, legal manner.

The counsel apprised the bench that no response to the representation has been received to date, adding. โ€œSo, left with no other remedy, the petitioner knocks on the doors of this Honโ€™ble Court so that the people of Balochistan may be treated at par with the people of all the other provinces โ€“ as is promised in the Constitutionโ€.

He further argued that the impugned advertisement being non-transparent, discriminatory and unjust is also in violation of the rules regarding regional/provincial quota prescribed in Sl. No. 1, PART-E of the Civil Servants (Appointment, Promotion & Transfer) Rules 1973, which allocates 6% quota in Federal Service jobs for Balochistan.

After brief hearing of the matter, the bench issued notices to respondents suspending procurement of job applications and their processing for purposes of the impugned advertisement till the next date of hearing.

Courtesy of TLTP News: https://www.tltpnews.com/ihc-suspends-fpsc-advertisement-operation-till-final-adjudication/

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