Quota system

  1. Notification of 5th March 1972 — Quota System — As a result of the analysis of the notification and relevant laws Notification of 5th March 1972 regarding quota declared as valid. Further held that if no suitable candidate from a particular district is available then the P.S.C. will recommend a person on the basis of open merit. Khurshid-ul-Hassan v. Azad Govt. 1996 SCR 327 (B)
  2. A vacancy cannot be left in vacuum for an indefinite period — If no suitable candidate from the particular district is available then P.S.C. will recommend a person on the basis of open merit. Suleman Ahmed  v. Tanveer Ahmed Mir and 3 others 2001 SCR 282 (A)
  3. After the promulgation of P.S.C. Rules the structure of civil service in AJK is based on quota system and so long it remains on the statute book, it must be adhered to. Tariq Aziz v. Azad Govt. & 3others 2003 SCR 158 (C)
  4. All the Districts of Azad Jammu and Kashmir have fixed quota for appointment in the services of Azad Jammu and Kashmir which has strictly been followed — Before enactment of AJ&K Civil Servants Act, 1976 and AJ&K (Appointment and Conditions of Service) Rules, 1977, the District-wise quota was regulated by some notifications — When new districts were established quota was fixed for appointment of such newly established districts — First notification issued on 5.7.1972 was accepted by this Court as a notification for regional quota in Government services. Jamil Ahmed & another v. Inspector General Prisons and 4 others 2007 SCR 509 (A)
  5. In case of failure of all the candidates from a particular district, the post was to be filled in on merit from any other district out of the successful candidates — A vacancy cannot be left vacant for an indefinite period. Jamil Ahmed & another v. Inspector General Prisons and 4 others 2007 SCR 509 (B) 2001 SCR 282 rel.
  6. A new situation was brought into the notice of Government that whenever the number of posts to be filled in by competitive examination is less than the administrative units, the departments used to fill in the posts on their discretion from administrative units of their choice — After considering necessity the Government issued instructions on 27.3.2003 — These instructions have been issued for particular cases when number of posts to be filled in is less as compared to the number of administrative units — The instructions contain that if number of posts is less than administrative units, then process of selection shall be completed on the basis of open merit and candidates to come on merit shall be appointed — Whenever a candidate on open merit is appointed, his seat/post shall be deducted from the quota of relevant district — If more than one candidate from one district have qualified the test and interview, only one candidate shall be appointed from the said district and candidate in total merit, who comes next from any other district, shall be appointed for the remaining posts. Azad Govt. 2 others v. M. Naseer Chaudhary and 2 others 2010 SCR 186 (C)
  7. Government order by which quota system was introduced was first time issued on 16.3.1971 — This order was superseded on 12.3.1972 — The Government orders regulating the quota system in service structure having binding force and in continuation rule 12 has been incorporated in Public Service Commission (Procedure) Rules which provide that quota fixed by the Government shall be strictly followed by Government departments. — The instructions further protect the quota system and these are not in contravention of Government orders relating to quota and Public Service Commission (Procedure) Rules. Azad Govt. v. M. Naseer Ch. and 2 others 2010 SCR 186 (E)
  8. Number of posts of Assistant Directors Environment was only three — Number of administrative units at the time of advertisement was eight — It was not possible for the department to determine the quota of districts — Held: The method provided in aforesaid instructions was correctly adapted by the department while sending the requisition to Public Service Commission for advertising the posts on open merit basis. Azad Govt. v. M. Naseer Ch. and 2 others 2010 SCR 186 (G) 
  9. Service of Azad Jammu and kashmir — Notification dated 12th March, 1972 and 24.08.1972 read with notification dated 12.03.1972 — Provide quota in the service for refugees of J&K settled in Pakistan who migrated from any party of occupied Kashmir — Further provided that the refugees of occupied Kashmir settled in Districts of Azad Jammu and Kashmir shall be treated as permanent residents of said districts  — The refugees of 1965 shall also be treated as refugees till settlement. Imran Ali Versus Public Service Commission, Azad Jammu and Kashmir through its Secretary, Civil Secretariat, Chatter, Muzaffarabad and 4 others. 2013 SCR 795 (B)
  10. Notification dated 16.03.1971 — Notification dated 6. 5. 2008, etc — Quota in service — introduced for the first time in 1971 — in education service various notifications for quota were issued — in education service for the teachers’ sons/daughters quota was fixed through notification dated 6. 5. 2008 — Held: strict compliance of the quota is required and it is enjoined upon the authority to act upon the notifications for determining the quota. Saadia Shamshad & 2 others v.The Secretary Education & 3 others 2016 SCR 80 (A) 2007 SCR 150 & 2010 SCR 186 ref.
  11. Notification dated 12th March, 1972 — Notification dated 16th March, 1971 — reservation of seats in service — Quota system was introduced for the first time in AJ&K through notification dated 12th March, 1972—prior to issuance of this notification, through notification dated 16th March, 1971, 10 % seats in service were reserved for backward areas—through notification dated 12th March, 1972, quota for the refuges settled in Pakistan, district Mirpur, Poonch & Muzaffarabad was fixed — Para 3 of notification provides that as a principle, the residents of district shall be employed in the posts falling vacant or created in that district. Aurangzeb v. Muhammad Zia Khan & 2 others 2016 SCR 96 (A&B) 2010 SCR 186 ref.
  12. Notification dated 5th July, 1972 — district wise quota in service — two categories; Gazetted & Non-Gazetted— Gazetted posts shall be advertised for the quota reserved for the said district — if any candidate in the result is not available on merit, then a suitable candidate from the other districts can be appointed against the said post. Non-gazetted and lower grade posts shall be filled from the said district — if no suitable candidate is available then the competent officer shall consult the higher officer and suitable candidate from the other district can be appointed. Aurangzeb v. Muhammad Zia Khan & 2 others 2016 SCR 96 (C)
  13. Notification dated 9th February, 1994 — Posts of BPS-1 to 5 — recruitment of — posts of BPS-1 to 5 shall be filled in from the residents of constituency on merit and posts of primary teacheresses in the Education Department shall be filled in on local council basis and not on constituency basis — There is wisdom behind this notification that the employees of lower grade shall be appointed within the constituency and the primary teacheresses within the local councils so that they may serve near to their residence — Notification has been issued for facilitating the lower grade civil servants. Aurangzeb v. M. Zia Khan & 2 others 2016 SCR 96 (D) 2014 SCR 553 distinguished.
  14. Notifications dated 12th March, 1972, 5th July, 1972 and 9th February, 1994 — combined study of — per notification dated 5th July, 1972 non-gazetted posts in a district have to be filled in from the residents of a district — Notification dated 9th February, 1994 carves out a special situation, where a right to apply and induction against the posts of BPS-1 to 5 in the constituency and for the primary teacheresses in the union council has been provided. Such posts can only be filled in from the residents of the constituency and the union council. Aurangzeb v. M. Zia Khan 2016 SCR 96 (E)
  15. Held: The posts in the offices at district headquarter, despite the notification dated 9th February, 1994 cannot be reserved for the constituency because the rights to service in a district headquarter is not a right of only the resident of the said constituency at district headquarter. The residents of whole district have a right to the posts in offices at district headquarter like, the district administration, district education offices, the district headquarter hospital, district health offices, colleges, the district Courts, animal husbandry — Every resident of the district is entitled to apply against the posts at district headquarter — Further held: the posts of BPS-1 to 5 in the institutions, the nature of which is not that of district level post, like the post in a primary school or in a high school and such like offices have to be filled in from the residents of constituency, where the district headquarter is situated. Aurangzeb v. Muhammad Zia Khan & 2 others 2016 SCR 96 (F)
  16. Held: For the  posts of  BPS-1 to 5  in any of the offices situate  in the capital, like the Secretariat, the Supreme Court, the High Court, attached departments, special institutions, autonomous bodies, the residents of whole of AJ&K and refugees settled in Pakistan are entitled to apply against such posts. These posts are not reserved for the residents of constituency. Aurangzeb v. Muhammad Zia Khan & 2 others 2016 SCR 96 (G)
  17. Notification dated 12th March, 1972 & 14th August, 1972 — through notification dated 12th March, 1972, quota was fixed for the districts i.e. Mirpur, Poonch, Muzaffarabad and refugees settled in Pakistan — Para 2 of the notification dated 14th August, 1972 ,provided, that any person who migrated from the Occupied Kashmir and settled in any district of the Azad Jammu & Kashmir shall be treated as local of the said district and according to Para 3, the refugees of 1965 shall be treated as refugees in the Azad Jammu & Kashmir till their permanent settlement. Muhammad Mahmood  & 2 others v. I.G. Police & 7 others 2016 SCR 122 (A&B)
  18. Posts less than the total administrative units — not possible for the department to determine the quota of districts — Government issued instruction on 27.3.2003 — if the number of posts is less than the administrative units, then the process of selection shall be completed on the basis of open merit. Majid Anayat v. Govt. of AJ&K & 6 others 2016 SCR 1685 (A) 2010 SCR 186 rel.
  19. —Notification dated 18.1.2007—if a candidate from a particular unit/District fails to qualify the test and interview conducted by P.S.C. against his/her quota, then appointment can be made against such post from any other unit/District on merit provided that on availability of post, the same shall be deducted from the quota of concerned unit/District. Naseem Iqbal AJ&K Govt. & others 2022 SCR 145 (B)   
  20. —Notification dated 4.1.2013—post of junior scale Stenographer (B-14) —the quota system not applicable in the case of non-gazetted post of district nature— non-gazetted post fell vacant in the office of Directorate Education Schools (Male) Mirpur Division—same cannot be given in the quota of refugees settled in Pakistan—such like post should have been advertised on divisional basis and eligible candidates from  concerned division should have been provided  opportunity to participate in the selection process. Muhammad Awais  v. Azad Govt. & others 2022 SCR 498 (A)
  21. — Notification dated 24.01.2001 and 04.01.2013 — quota in service — through notification dated 04.01.2013, it is clarified that 6% quota is not applicable to the non-gazetted posts of the district nature — in the case of non-gazetted posts, the refugees of 1989 shall be entitled to apply against the posts of district in which they are residing. Azad Govt. & others vs Amir Butt & others 2024 SCR 55 (A&B) 2022 SCR 498 ref
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