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  #11  
Old Sunday, November 13, 2011
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Originally Posted by JazibRoomi View Post
The issue I raised is not against quota, but against the way the quota seats are being allocated
JABBAR and Umair, i think jazib not against quota system but he is against the way of allocation of vacant seats, transfered to other provience. well quota system is constitutional aspect it is not easy to amend, and i think jazib is aware this fact. seats of sindh is not going anywhere else. beacuse sindhi bureaucracy is that much strong to take an strong notice of this. well jazib is wanted to take his right and thats fine.
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  #12  
Old Sunday, November 13, 2011
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Originally Posted by umair jarwar View Post
I strongly oppose this petition.

The reason are only understood by those aspirants who aspire by living far away from cities like lahore, karachi etc because they have to share some responsibilities with their family along with some other domestic problems along with poor educational system of rural areas as well cities in which they dwell. All of us are familiar with that harsh reality.

The development of intellect needs a base, a good base in order to qualify exams like CSS while exceptional cases of extraordinary minds are rare. You have to think for those unprivileged aspirants before doing any such thing.

They have the right to get equal amount after a painful job by which they manage to get success in this exam.
Quote:
Originally Posted by ABDUL JABBAR KATIAR View Post
bhai, punjab ko 50% quota mil rahi ha. ab kya doosre province ki quota bhi punjab ko de den. ye to sarasar nainsafi ha doosre provinces k sath. 50% quota k bawajood punjab men seats kum parjati hain aur css pass karne wale zyada hote hain. is men doosre province ka kya qasoor ha. punjabis ko chahye k woh next attempt k lye tayari karen. punjab her cheez men 50% se bhi zyada le jata ha muger css men to kuch raham karen doosre provinces pe. un ka bhi kuch haq ha pakistan men. unhoon ne bhi pakistan ki azaadi k lye koshish ki thi ya sirf punjab ne ki thi. iam disagree with u. quota system is right because every province should be given its share in every job.70% revenue pakistan ka sindh se aata ha baqi ye kahan ka insaaf ha k punjab population basis pe 50% job seats le jae. quota system is best.
Quota is not the issue. Distribution of quota is issue. Punjab’s quota is 50%. But this quota is in addition to its participation in open merit. Remember there are 17 all Pakistan open merit seats. I try to explain this with the help of an example:

Suppose there are 5 open merit seats and one seat is reserved for women. And suppose that final merit list is:
1- A (male)
2- B (female)
3- C (male)
4- D (male)
5- E (male)
6- F (male)
7- G (female)

Now how will you distribute seats among candidates:

This way?
1- A (male)(open merit 1)
2- B (woman) (open merit 2)
3- C (male)(open merit 3)
4- D (male)(open merit 4)
5- E (male)(open merit 5)
6- F (male)(not allocated)
7- G (women) (women quota 1)

Or this way?
1- A (male)(open merit 1)
2- B (woman) (women quota 1)
3- C (male)(open merit 2)
4- D (male)(open merit 3)
5- E (male)(open merit 4)
6- F(male)(open merit 5)
7- G (women) (not allocated)

If you believe that quota is a mean to ensure proper representation then you shall agree that the right distribution of seats is the first one and not the second one. The principle is “quota seats can not be filled before open merit seats.” This principle had been endorsed by Supreme court of Pakistan ( Civil Petition No. 941 of 2010).

Check the final result of CSS 2010. From among the first 17 candidates, there are 13 Punjabi. So Punjab should get 13 open merit seats. But Punjab is only given 7 seats. This is against the established principle of law.

App jis bhi province say ho, app ki reserved seats app ko Mubarak hoon. But you know open merit seats should be contested on open merit. Hope you agree now.
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  #13  
Old Tuesday, November 15, 2011
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@Jazibroomi:

But don't you think that would be injustice to the 18th fellow in open merit list? In fact, an injustice to all below the vacated seat. Because the person below the vacated seat has right to the seat vacated, rather than some guy from quota system.

You are right there is injustice but I don't agree with your solution. I think it would be better to allocate to top 17 whatever they want, and then distribute the rest of the allocations. That way merit would be upheld, and nobody would usurp anyone's seats.
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  #14  
Old Tuesday, November 15, 2011
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i have a question, one person male or female is at the merit # 15 all pakistan basis an at merit # 3 in his/her province and his first choice is DMG and according to quota system he/she will get easily DMG but according to merit seats he/she will get IRS then what will he/she do, either get DMG or IRS. obviously, he/she will get DMG from quota of his/her province and will leave IRS seat to be vacant. this vacant seat should be awarded to other candidate of his/her province. i means merit seat and quota seat should be exchanged between same province.
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  #15  
Old Tuesday, November 15, 2011
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Quote:
Originally Posted by ABDUL JABBAR KATIAR View Post
i have a question, one person male or female is at the merit # 15 all pakistan basis an at merit # 3 in his/her province and his first choice is DMG and according to quota system he/she will get easily DMG but according to merit seats he/she will get IRS then what will he/she do, either get DMG or IRS. obviously, he/she will get DMG from quota of his/her province and will leave IRS seat to be vacant. this vacant seat should be awarded to other candidate of his/her province. i means merit seat and quota seat should be exchanged between same province.
I strongly agree with your opinion, vacant seat should be ednorsed to concerned province how this policy can be notified to the FPSC, any sugestion in this regard which can remove this discrimination

Regards
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  #16  
Old Wednesday, November 16, 2011
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Originally Posted by chemguy View Post
@Jazibroomi:

But don't you think that would be injustice to the 18th fellow in open merit list? In fact, an injustice to all below the vacated seat. Because the person below the vacated seat has right to the seat vacated, rather than some guy from quota system.
1- There are 17 open merit seats. And based on the principle of merit, these seats are the legal right of top 17 candidates. So it would not be any injustice to the candidate on merit 18 or below if he/she is not accommodated on All Pakistan Open Merit Seats.

2- In case if any of the top 17 candidates does not join and absolutely vacates his/her seat, then no doubt the vacated seat should be allocated to the candidate next on merit list. For example, the seat vacated by Abdullah Nayyar at merit no 3 in CSS 2010 should be transferred to candidate on Merit no 18.

3- The question is when a candidate from open merit seats is accommodated against a seat available in reserved quota, does he vacates any seat? The answer is no. You leave an open merit seat and occupy a quota seat and this is a pure, simple case of seat exchange. And that is how this situation was perceived by the Supreme Court of Pakistan in its order on Civil Petition No. 941 of 2010 related to Women Quota in CSS.


Below is an excerpt of the order written by Chief Justice Iftikhar Muhammad Chaudhry in the above mentioned case. This will definitely help you understand the legality of the issue.

“Problem started when she (Nergis Shazia Chaudhry, CSS 2008, Merit No. 343) was not accommodated and instead a female candidate from general/open seats preferred for DMG group on account of her higher merit, statedly, was accommodated against a seat available in similar group in reserved quota for females and in open merit seat a male candidate was accommodated.
Actually it should have been other way round, such as, to recognize the higher merit of female candidate she must have been accommodated against the seat meant for dmg group in a reserved quota but at the same time the seat which, statedly, fell vacant in next available group in open merit on account of her adjustment should have been transferred to the female quota to ensure availability of 19 vacancies in order to achieve the objective of reserved quota”.

Now the question arises that if this rule, which, in legal terms, has become an “established principle of law” is applicable to women quota, then why not it is also applicable to provincial quota? Of course it is applicable and it should be applied in order to ensure that provinces do get their due quota share in addition to their participation in open merit, or in words of Chief Justice “in order to achieve the objective of reserved quota.”
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  #17  
Old Thursday, December 29, 2011
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What is current status of your writ petition?
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  #18  
Old Saturday, February 02, 2013
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Dear readers there has been quite a long debate on this issue but has anybody read Article 27 of the constitution of Pakistan 1973. the same is reproduced hereunder. Kindly read this and give your valuable comments.

Article: 27 Safeguard against discrimination in services

27. 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 1[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 2[ : ]
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