CJP Isa slams bureaucrats' job quota for children, calls for merit-based hiring

Chief Justice of Pakistan, Qazi Faez Isa, on Thursday sharply criticised the practice of reserving government jobs for bureaucrats' children, emphasising the need for a transparent, merit-based hiring system.

"Are bureaucrats' children somehow special? How can someone claim a job and say their future generations must also benefit?" Justice Isa remarked during a hearing on an appeal regarding public servants in Khyber-Pakhtunkhwa.

His comments came as the Supreme Court reviewed a case concerning government jobs allocated through a statutory regulatory order (SRO).

The chief justice, leading a four-member bench, questioned how such SROs could be issued by a mere section officer. “Can a section officer run the country? Neither the Constitution nor laws can be created through an SRO issued by a section officer,” he asserted.

Justice Isa noted that the practice of issuing SROs without proper authority began during General Ziaul Haq's regime. "Back then, bureaucrats refused to sign off on certain orders, so Ziaul Haq initiated the practice of writing ‘competent authority’. But no one knew who this competent authority was. Any official document must have a clear basis," he said.

The case under review involved a job advertisement published in 2006 in Abbottabad, offering a Grade-2 government position. The counsel for the government argued that, under Section 10A, job quotas for children of retired or deceased employees were permissible.

However, Chief Justice Isa rejected the notion of inherited job rights. "Why should a son automatically get his father's government job? Shouldn't jobs be given to those who meet merit criteria?" he asked. "Government employees already receive pensions after retirement, and their widows are entitled to those pensions after their death. Yet, now we're saying their children should also get jobs? I opposed this idea in the Supreme Court."

The chief justice highlighted that government job quotas are a violation of the constitutional principle of non-discrimination. "The Constitution prohibits any form of discrimination. If a person qualifies for a job, they should be hired based on merit, not lineage."

Justice Isa further stressed that merit-based recruitment is essential for the progress of the country. "Let those who fulfil the criteria for the job work. Bureaucracy should not perpetuate itself by reserving jobs for its own children."

The court subsequently issued a written order, stating that all notifications issued by the Khyber-Pakhtunkhwa government that contravene merit-based hiring practices should be withdrawn. "The provincial government must revoke any such SROs that violate constitutional provisions on equality and non-discrimination," the ruling declared.