The petitioner, Dr Lal Rehman, informed the court through his counsel that the federal government had allocated a separate FPSC quota for the tribal districts despite their merger with the province.
His lawyer, Timur Ali Khan Mohmand, informed the court that his client was a successful FPSC exam candidate from erstwhile Fata but was not being appointed to a position in K-P.
“After the merger, it is illegal to allocate separate quotas for tribal districts and the rest of the province,” he said. He added that his client, a doctor, had applied for a position in K-P but he had a domicile from erstwhile FATA.
The lawyer requested that the February 14 office memorandum issued by the Establishment Division be declared null and void and the 25th Amendment on the integration of the tribal areas with the province be implemented completely. He also sought the stopping of the recruitment of grade20 doctors in PIMS until the decision of the case was announced.
Justice Mian Gul Hassan Aurangzeb issued a notice to the federation seeking a reply within two weeks. The attorney general for Pakistan has also been summoned at the next hearing for judicial assistance. According to the federal government’s recent directives, 50% quota for the direct recruitment to the civil posts has been given to Punjab and the federal capital.
Sindh’s quota is 19%, including 7.5% for its urban areas Karachi, Hyderabad and Sukkur. The government has allocated a quota of 11.5% for K-P, 6% for Balochistan, 2% for Azad Kashmir and 1% of Gilgit-Baltistan.
A quota of 3% has been allocated for erstwhile Fata, separate from the rest of K-P, and plans to keep it in place for the next 10 years. The Establishment Division informed all secretaries, additional secretaries and heads of ministries and divisions about the new recruitment quotas.
In April last year, the federal cabinet formed a committee headed by the adviser to the PM on establishment and comprising the secretaries of the Establishment Division, the law and justice department, Kashmir and G-B affairs and representatives of the governments of K-P and G-B to examine the issue of the bifurcation of the job quota and to make recommendations to the cabinet.
On the recommendations of the committee, the Establishment Division presented a proposal to the cabinet during its meeting in January this year.
“The bifurcated share of Fata may not be merged into K-P and be observed independently for the next 10 years in conjunction with the 10-year development plan devised to bring the erstwhile Fata at par with the KP socially and economically,” the proposal read. It was approved by the cabinet.
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