The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per: Tanvir Ahmed Khan, J.

(a) Constitution of Pakistan(1973), Articles 25, 27,199

These are hardly any reason for restricting this job to the male only. Gone are the days when the women were totally restricted to the household boundaries. The petitioner, who has got vast experience in designing, has been denied the opportunity to compete for this job on invalid grounds. By no stretch of imagination it can be said that a female cannot perform these functions effectively. The petitioner, who has been working in this very job for the last many years, have been denied the chance to compete in clear violation of Constitutional mandate. The reasons advanced by the learned counsel for the nature which cannot be effectively performed by a female.[p.589]A

As far as the ground of laches is concerned, that would not be attracted in this case. The petitioner has been making representation before the departmental authority for the redress of her grievance and none of them brought any result. Even otherwise the impugned action being completely discriminatory cannot be condoned simply on the ground of laches. It has been held in Pakistan Post Office v. [p. 590]B

This being the position simply because the petitioner approached this Court 1-1/2 years after the appointment of the respondent, she cannot be non-suited. Resultantly, for what has been stated above the writ petition is accepted and the action taken pursuant to the advertisement appointing respondent No.4 is declared to have been made without lawful authority and of no legal effect. Respondents Nos. 1 to 3 are directed to fill this vacancy to fill this vacancy in accordance with law and rules by giving opportunity to the all concerned. There shall be no order to costs. [p. 590, 591]C