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Old Friday, November 04, 2011
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Muhammad iqbal Serwar Muhammad iqbal Serwar is offline
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Quote:
Originally Posted by JazibRoomi View Post
Apply supreme court ruling on provincial quota: Punjab will get 8 more seats in CSS 2010.

The case is simple. The same mechanism that is being applied on women quota should also be applied on provincial quota.



The federal government on May 22, 2007 announced the reservation of a 10 per cent quota for women in all federal jobs. The quota was in addition to the posts they would secure on open merit.

CSS 2008 candidate Nargis Shazia Chaudhry and 13 petitioners requested the court to change the method of quota allocation. She argued that first the general merit seats should be filled and then the 10-percent women quota should be applied to the remaining women candidates. She also requested that the open-merit seats vacated by women, who moved to better groups under the quota, be filled by women only.

The FPSC criteria earlier allowed filling up the open-merit seats vacated by women by whoever happened to be next on the merit list. This, the petitioner argued, resulted in less women getting CSS allocations which was not declared policy.

The Supreme Court directed the FPSC in the last week of August to change the manner in which it allocated the women candidates in CSS. Below is the gist of the SC ruling:
“That the women on higher merit positions in all provincial (or regional) quotas will be given a preference to occupy the quota seats and the seats they vacate will also be considered quota seats and be filled by women only”.

After the SC ruling a seat vacated by a woman can only be filled by another woman.

Now my point is that there are not only women and minority quotas there in the CSS exam but there are 9 different quotas there mentioned in the FPSC PRESS NOTE dated 23-05-2011 (e.g. Punjab quota, Sindh Rural quota, Sindh Urban quota, KPK quota, Balochistan quota, GBFATA quota, AJK quota, Women quota, Minorities quota) so all these are different entities and identities (provincial, regional & gender) and the same ruling in original and as a precedent must be applied in its true sense on all the abovementioned quotas.

If the same SC ruling is applied as precedent on all the provincial and regional quotas, the provinces will also get their due quota share in addition to their participation in open merit e.g. the Punjab will get 5 more quota seats according to the allocations 2010 list as the 13 out of 17 All Pakistan Open Merit candidates were from Punjab but only 8 were allocated and accommodated on the All Pakistan Open Merit seats and 5 of them occupy provincial quota seats depriving Punjab from its 5 provincial quota share seats. Such deprivation of any entity’s (provincial, regional & gender) right amounts to a clear violation of the Constitution of Pakistan, 1973, a departure from the rule of merit, a sheer discrimination (gender, provincial and regional) and is against the all cannons of justice and equity.

As an example, consider the case of our respected fellow member M Ali Asghar, CSS 2010, Merit No. 9. On 17 all Pakistan open merit seats, he gets allocation in IRS group. But since he had preferred DMG, he leaves the open merit IRS seat and acquires a seat from Punjab Quota. According to the supreme court’s perception of quota that first the general merit seats should be filled and then the quota should be applied to the remaining candidates and that M the candidate on higher merit positions will be given a preference to occupy the quota seats and the seat he vacates will now be considered quota seat, the open merit IRS seat vacated by M Ali Asghar should now be considered as a Punjab Quota Seat.

Punjab is not getting its due share in quota. I am going to file a writ in the court against this discriminatory application quota mechanism and I am hoping to get support not only from Punjabi forum members…..since everyone here believes in merit.
I realy appreaciate your findings in this regards, the grounds on which you are going to file a petition is realy appreaciable and applicable to resolve the qouta discriminations.My prayers are with you.


Goood Luck
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The Following 2 Users Say Thank You to Muhammad iqbal Serwar For This Useful Post:
ALI SB (Friday, November 04, 2011), JazibRoomi (Friday, November 04, 2011)