The Supreme Court of Pakistan has issued a landmark judgment, ruling that a woman’s marriage cannot disqualify her from a government job reserved under the quota for children of deceased or incapacitated civil servants.
The court set aside a Khyber-Pakhtunkhwa service tribunal order, declaring the practice unconstitutional. The ruling emphasizes that it perpetuates harmful gender stereotypes.
In a 10-page judgment, Justice Syed Mansoor Ali stated that the purpose of the quota is to provide financial relief to the family of the civil servant. The court found no rational basis for treating sons and daughters differently.
“If a son’s marriage does not disqualify him… there is no rational basis to hold that a daughter’s marriage should have that effect,” the judgment reads.
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The court strongly criticized the use of the term “liability” to describe a woman in official correspondence. It called the notion “regressive” and “deeply insensitive,” stating it has no place under the Constitution.
The ruling came in the case of Farakh Naz, whose mother retired from the K-P Education Department on medical grounds. Naz was appointed as a teacher under the quota but was later dismissed solely because she was married.
After her plea was dismissed by the K-P Service Tribunal, she appealed to the Supreme Court.
The court has now directed the concerned department to restore her appointment with all back-benefits. This decision sets a critical precedent for enforcing constitutional guarantees of equality and non-discrimination.
