Quota system in FPSC is unconstitutional..

[fahdbashir]

The quota system in in federal public service commission or in any other provincial service commission is unconstitutional. Article 27 of the constitution says:

Safeguard against discrimination in services.
(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
Provided that, for a period not exceeding [16][forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex [16A][:]
[16B][Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).]
(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.

It was further decided in a case by Supreme Court back in 1997 that any such quota system is unconstitutional, illegal, and void. I will soon (in a day or two) provide with the case reference.

It would be notesworthy that the quota system as prevailing in all Public Service Commissions' recruitment rules defeat the very own purpose of such quota system. The very purpose to bring the quota system is to give equal representation to candidates belonging to different urban and rural areas. But instead of serving this purpose, more seats are reserved for Punjab than for other provinces in FPSC. The quota arrangement should be such that 20% seats should be given to each province and FATA or any other such arrangement which is just and equitable (and of course legal and constitutional).

[mukt]

I am sorry but I don't agree with your interpretation. Although, I am from KPK & would have enjoyed If more quota was available for us but then It would be unfair to other provinces. Population has to be kept in mind. Moreover, more people appear in CSS exams from Punjab rather than provinces like KPK, Balochistan etc .. Allocating 20% to each province is a direct injustice with the candidates of Punjab as it will increase the competition there and reduce it in other provinces which i think is unfair

[Mentally Sick]

such a sweet interpretation,if the quota system would be abolished and declared null and void by the court,it would be very hard for other provinces to compete wid candidates from punjab.Even today,half of the people from punjab who even clear the exam and have more marks than those from sindh or balochistan r not allocated becoz of this quota system,and if u talk abt other provinces,generally many seats remain unallocated becoz the number of ppl who clear the exam is less than the number of seats designated for that province.

[fahdbashir]

I also belong to KPK. I came with the same problem with my forumla but i have got a solution for that too. After filling the seats as per my formula, the vacant seats belonging to any province should be divided equally among the other provinces. Anyhow, I would welcome any new and just forumla from anyone. Plus one more thing, this is not "my" interpretation of constitution, it is the Supreme Court's decision (the reference of which I'll provide soon). What my real point is that the current system is illegal.

@ mentally sick
First of all you are mentally sick :-) so shouldn't comment. Just kidding. Dear, two wrongs can never make a right. If we have to follow the principle of representation according to population than the institution of Senate be abolished. Plus if half of the candidates from Punjab can't manage to succeed than its not the fault of other candidates belonging to Balochistan and KPK. Due to current system it is highly probable that a person belonging from Punjab getting 400 marks may get recruited but a person belonging from KPK taking 450 may not get recruited.

[Mentally Sick]

@ fahad
it mite be the case but it doesn't happen here,its only punjab which suffers from this quota.last year people from punjab who were in 300s in the merit list were not allocated but ppl from sindh having merit numbers in 600 were allocated and talking abt senate,senate has nothing to do wid jobs,senate was created to stop larger provinces from controlling legislation and thats it

wid ur formula,its going to benefit punjab in the end,which currentlly benefits the candidates of that particular province next year.

[Stunner]

Originally Posted by Mentally Sick

@ fahad
it mite be the case but it doesn't happen here,its only punjab which suffers from this quota.last year people from punjab who were in 300s in the merit list were not allocated but ppl from sindh having merit numbers in 600 were allocated and talking abt senate,senate has nothing to do wid jobs,senate was created to stop larger provinces from controlling legislation and thats it

Exactly .. Mentally Sick is right here .. When i started searching for information regarding CSS a year or so back, i immediately came to know that this quota system Isn't in favour of Punjab .. I wanted to raise a voice, but deeper understanding and study of facts revealed that the system was designed to create a balance and for equal opportunities for all provinces .. Keeping in mind the population and educational drawbacks that other provinces might have ..

And guess what .. If this quota system is abolished the only province to benefit from it will be Punjab and you will notice that out of 300 or 350 seats Punjab will be getting 200 to 250 (That might even get to 300) .. Now in that case you cannot argue to limit the number of candidates appearing from Punjab ..

I think the present system is serving the purpose .. If you don't understand what it means then here is an example .. A candidate with merit number 180 or even 200 sometimes in Sindh rural or Balochistan can end up having a dream seat in PSP .. While in Punjab candidates below the merit number of say 20 or 30 or even in some cases as low as 15 cannot think of having this luxury and hence falls in DMG or Foreign Services ..
If you still think this quota system is unfair .. Come on then, raise your voice and benefit us ..

Originally Posted by fahdbashir

Due to current system it is highly probable that a person belonging from Punjab getting 400 marks may get recruited but a person belonging from KPK taking 450 may not get recruited.

This is a very unfair comment .. A person having less than 600 fails in aggregate .. And this applies all over Pakistan .. No person can even dream of being allocated having 400 marks .. Not even 600 marks in the case of Punjab .. And if you research on what you are saying you will come to know about that ..

[wahab_ahqar]

How narrow minded Punjabi's are.....Let me clear , i am too Punjabi.
When it is the matter of exploiting the natural resources of other provinces and revenue generated by them then Punjab is the major beneficiary and no body raises voice that it is injustice to other provinces and this practice must be stopped. But, when it is matter of getting more seats in power elite then we are not ready to sacrifice little to make them enable to fight for their rights and have representation in the corridors of power to raise their voices.

It is in the wider interest of Punjab and Pakistan if people stop looking it with biased approach. Myopic vision should be stopped to understand the things. Till the time they will not be provided platform and opportunities to vent their grievances , there will always be a chance of using illegal ways to get things done.

When a person from a village comes to city then he opens up a path for the people behind him. He becomes a source of inspiration for the people that they can also make progress if they follow in foot steps of the person who first of all moved to city. similar is the case that when people will see that people among them are moving to higher positions in the power , they will adopt this method to get their rights instead of resorting to arms.

At the same time people from other three provinces are at a comparative disadvantage in quality of education, health and infrastructure facilities when compared with Punjab. Scoring 600 for a person from those areas under tough circumstances is tougher than scoring 650 from Punjab.

All factors must be taken into account before criticizing something. Everyone wants national integrity but is not ready to follow what is necessary to achieve it for personal gains.

There may be some words that may offend some people . So, sorry for that .

[Stunner]

Now that was by far the most bizarre reply .. Sir, no Punjabi said that this quota system should be abolished .. It was argued by fahdbashir who happens to be from KPK ..
We as Punjabies have accepted this quota system .. And heres is what i said in the post above ..

Originally Posted by Stunner

When i started searching for information regarding CSS a year or so back, i immediately came to know that this quota system Isn't in favour of Punjab .. I wanted to raise a voice, but deeper understanding and study of facts revealed that the system was designed to create a balance and for equal opportunities for all provinces .. Keeping in mind the population and educational drawbacks that other provinces might have ..

I'm speaking for this quota system .. Is this narrow mindedness .. ? I don't know why people tend not to read and understand the whole passage and reply without making any sense ..
I just tried to make that guy understand that the present quota system is in favour of other provinces and should not be abolished .. Punjab gets the highest competition and we can live with it .. Abolishing quota system means Punjab will get most of the seats all over Pakistan .. And i m against that .. Is this narrow mindedness .. ?

[Mentally Sick]

Originally Posted by fahdbashir

I also belong to KPK. I came with the same problem with my forumla but i have got a solution for that too. After filling the seats as per my formula, the vacant seats belonging to any province should be divided equally among the other provinces. Anyhow, I would welcome any new and just forumla from anyone.

just look at his formula,we r talking abt parity and not in the interest of punjab,but if someone actually follows his formula,he will end up benefitting punjab since the number of candidates passing from punjab is more than the rest combined,many seats from sindh,balochistan and kashmir remain vacant every year.whereas hes allocating 20% seats to each province and then dividing the remaining amongst others ... kindly tell me ... who will benefit from this formula,if u talk abt parochialism ,then yeah i wud love it but i m in favor of the current regional quota.

[wahab_ahqar]

@Stunner.....

Dear, I was just talking about those people who donot understand this thing. I come across so many people who are against this quota system. Just day to day discussion reveals that most of the people who don't get allocated on the basis of this quota system or who are hopeless that they won't be able to find seat in the presence of this system. I was talking about those punjabi's.

I have same humble request to you that don't go on words and look to whom i am addressing. My post was intended for those people who donot understand this thing unlike you and me. I was endorsing your point with little more elaboration and you got it totally wrong. I hope now you do understand my point.