Petition challenging provincial job quotas in Islamabad filed in IHC

ISLAMABAD: A lawyer has filed a petition challenging the quota system for provincial recruitment in government departments of Islamabad, Dawn news reported on Sunday.

Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) reviewed the petition and, after a preliminary hearing, issued notices to the respondents, including the president, prime minister, and the secretary of law and justice.

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Barrister Yawar Gardezi submitted the petition, seeking a declaration against “any quota of any Unit/Province of the Federation, other than the Islamabad Capital Territory, in any and all jobs/posts of any and all departments of the Islamabad Capital Territory.” The petition also requested the court to declare that “only holders of an Islamabad domicile are eligible to apply for such jobs/posts.”

The petition argued that the 18th constitutional amendment ensured autonomy to the federating units and decentralised many departments and ministries previously under federal control. The amendment established a Federal Legislative List, limiting the federation’s law-making to subjects within that list and granting administrative control only to the extent of its legislative powers.

Provinces now have legislative and administrative control over all subjects or departments not included in the Federal Legislative List.

It noted that all departments in Islamabad are treated as federal departments for government job purposes, allowing domicile holders from every federation unit a specific quota to apply for these jobs. However, only a 50 per cent quota is reserved for posts in basic pay scales 1-15 in federal departments serving only Islamabad, which the petition claimed violated Article 25 of the Constitution and Rules 14, 15, and 16 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.

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Justice Kayani observed that the “questions raised need consideration” and issued notices to the respondents, including the chief commissioner of Islamabad. The court has adjourned further hearing of the matter until August 1.