| Case ID |
09d8e61a-6378-4d21-ba84-2a4eb7133d60 |
| Body |
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| Case Number |
C.A. No. 241 of 2019 |
| Decision Date |
Mar 09, 2020 |
| Hearing Date |
Mar 05, 2020 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, affirming the judgment of the High Court which had accepted the writ petition of the respondent. The court found that the respondent was discriminated against in the selection process for the Junior Clerk position, as the selection committee had appointed two other candidates whose fathers had died during service, while rejecting the respondent's application on a similar basis. The court reiterated that discrimination is prohibited under the Constitution and that the respondent is entitled to the same treatment as others in similar circumstances. The appellants failed to demonstrate any legal grounds for overturning the High Court's decision, thus the appeal was dismissed without costs. |
| Summary |
This case revolves around the discrimination faced by Syed Shahzad Ali Shah, whose father died while serving in the police department. The Supreme Court of Pakistan examined the case of the respondent who applied for a Junior Clerk position, which was reserved for legal heirs of police employees who died during service. The selection committee accepted the applications of other candidates but rejected Shah's on the grounds that his father had died before the issuance of a notification regarding the quota. The court found this reasoning inconsistent, as the committee had recommended candidates whose fathers had died under similar circumstances after the notification. The ruling emphasized the importance of equal treatment under the law and the prohibition of discrimination, leading to the decision to uphold the High Court's directive for the respondent's appointment. This case underscores the principles of justice and equality, which are key components of constitutional law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Azad Government of the State of Jammu & Kashmir
|
| Judges |
RAJA SAEED AKRAM KHAN, JUSTICE
|
| Lawyers |
Mr. Saqib Javed, Advocate for Appellants,
Mr. Ilyas Abbasi, Advocate for Respondent,
Mr. Shahzad Shafi, Advocate for Proforma-Respondents No. 4 & 5
|
| Petitioners |
,
SYED SHAHZAD ALI SHAH
|
| Respondents |
2 OTHErs,
INSPECTOR GENERAL POLICE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR
|
| Citations |
2021 SLD 2244,
2021 PLJ 21
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42(10)
|