LHC partially allows plea against violation of disability quota

LAHORE: The Lahore High Court (LHC) has partly allowed a petition challenging an appointment made against a disability quota seat for the post of assistant education officer (BPS-16), instructing the authorities to strictly implement the law to protect the rights of persons with special needs.

Justice Raheel Kamran announced the judgment on a petition filed by Iftikhar Ahmad against the Punjab government.

The recruitment for the post was conducted in Bahawalnagar in 2017, where respondent Muhammad Yar was appointed against a seat reserved for persons with disabilities.

The petitioner, claiming to be next in merit, challenged the disability status of the appointee through departmental and judicial proceedings.

The matter was examined by the director general Social Welfare & Baitul Maal Punjab, who, on the recommendations of the Provincial Assessment Committee, passed an order declaring the respondent, Yar, “not a disabled person”.

However, despite the declaration, no consequential action was taken by the authorities.

Later, the petitioner was appointed as the AEO, but his salary was withheld and the appointment was eventually cancelled through subsequent orders issued by the authority concerned.

The petitioner argued that continuation of the respondent on a post reserved for persons with disabilities was illegal and contrary to the Punjab Disabled Persons (Employment and Rehabilitation) Ordinance, 1981.

In his judgement, Justice Kamran observed that the disability quota was a protected statutory arrangement, intended exclusively for persons suffering from disabilities and could not be occupied by someone who did not satisfy the statutory test.

However, the judge also held that the petitioner’s own appointment did not withstand legal scrutiny as it had not been made through the prescribed recruitment mechanism or by the competent appointing authority.

The judge maintained the orders declaring the petitioner’s appointment irregular and without lawful authority, but simultaneously ruled that the respondent was also not eligible to continue on a disability quota seat in light of the declaration issued by the competent forum.

Allowing the petition partly, the judge directed the authorities to take consequential action in accordance with law and ensure that the disability quota post is filled strictly in conformity with the statutory scheme and applicable recruitment rules within 60 days.

Before concluding the verdict, the judge observed that public employment involving statutorily protected classes demands scrupulous adherence to law, fairness and institutional discipline.

“Any laxity in enforcing disability quota not only defeats legislative intent but also erodes public confidence in the fairness of the system,” the judge added.

Published in Dawn, May 9th, 2026

if you want to get more information about this news then click on below link

More Detail