The Islamabad High Court (IHC) on Friday issued notice to the Establishment Division over a petition against the federal government for ignoring and not specifying 5% minorities’ job quota.
A single bench of the IHC comprising Justice Mohsin Akhtar Kiyani conducted the hearing on a petition filed by a Nasim Pervaiz, a priest in Bible Fellowship Church of Pakistan.
During the hearing, Nasim’s counsel told the court that the Establishment Division had issued notification dated May 26, 2009, over ignoring and non-reserving 5 per cent job quota for minorities which violated Article 36 (protection of minorities) of the Constitution of Pakistan.
The counsel also requested the court to suspend the notification.
Later, the court issued notice to the Establishment Division and directed to submit a reply before the next hearing.
Earlier, Nasim Pervaiz filed a petition and cited Hydrocarbon Development Institute of Pakistan and Secretary Establishment Division as respondents.
Nasim adopted in her petition that she filed the petition in the larger interest of minorities/ Christian community whose job quota is not being observed and non-implementation of Article 36 of the Constitution of Pakistan.
She stated that Hydrocarbon Development Institute of Pakistan advertised various jobs on October 26 for the residents of Sindh, Punjab, Azad Jammu and Kashmir and Gilgit-Baltistan (GB) but intentionally ignored and not specified the minorities 5 per cent job quota in the said advertisement due to which large numbers of minorities/ non-Muslims unemployed youth have deprived to apply for the said jobs. She added that resultantly, a sense of deprivation and exploitation would raise in the minorities living in Islamabad.
“The respondents are not giving the due importance to minorities in terms of Article -36 of the Constitution of 1973,” contended the petitioner.
Nasim argued that it is fundamental duty of respondents to provide jobs of all classes irrespective of its creed, colour, religion and sect in the government.
“The respondents are under a legal obligation to act in accordance with the law as provided under Article 4 of the Constitution and to eliminate the exploitation as stated in Article 3 of the Constitution,” maintained the petitioner.
Therefore, she prayed to the court that the aforementioned job advertisement may be declared illegal and suspended in the light of Article 36 (protection of minorities) and Establishment Division notification dated May 26, 2009, over ignoring and non-reserving 5 per cent job quota for minorities in the interest of justice. The petitioner also requested the court to direct the respondents to follow and honour Article 36 of the Constitution for the supremacy of law in Pakistan.
