LHC orders 3pc disability quota enforcement

LAHORE: The Lahore High Court has held that it obligatory for every establishment to ensure that at least 3 percent of its total workforce comprises persons with disabilities by creating a binding statutory quota. The court passed this order in a petition of Dr Muhammad Khurram Shahzad seeking implementation of the mandatory 3 percent quota for disable persons. The Provincial Cabinet had created 2115 posts under a Special Pay Package for the hiring of secondary level human resources in the Health and Population Department for the financial year 2025–26. The court directed the respondents to re-initiate the recruitment process to the extent of the reserved quota by inviting fresh applications through publication. There must be comprehensive advertisement on official websites of the concerned department, testing agencies, in widely circulated Urdu and English dailies with reasonable time afforded for submission of the applications, the court added. Also read: Celebrating inclusion: Punjab’s commitment on International Day of Persons with Disabilities The court said that State must act as a facilitator of inclusion, ensuring that no segment of society is left behind in the march towards equality, dignity and justice. The court held that Section 31 of the Punjab Empowerment of Persons with Disabilities Act, 2022, is mandatory in nature and is required to be complied with in its true letter and spirit by every public sector department. The Article 27 of the constitution also guarantees equality of opportunity in matters of public service while at the same time permits the State to make special provisions for the advancement and adequate representation of classes that are otherwise marginalized or underrepresented, the court added. The court said it becomes the obligation of the State to dismantle such barriers and to create enabling conditions through affirmative measures, including reservation in employment. The court observed that it is also incumbent upon public authorities to adopt a proactive, sensitive and rights-oriented approach in implementing recruitment policies, so that persons with disabilities are enabled to participate fully and effectively in the mainstream of national life. The court observed that faithful implementation of such statutory mandates is not only a legal obligation but a constitutional imperative. Any failure to effectively implement such quota does not remain a mere procedural lapse but strikes at the heart of constitutional protections, depriving a vulnerable segment of society of its rightful share in public employment, the court added. The court also observed that the right to employment for persons with disabilities thus stands on the same constitutional footing as that of other citizens, emanating from the guarantees of equality, dignity and the right to livelihood. The court said employment, in this sense, is not merely a source of income but a vital instrument of self-reliance, social integration and personal dignity. The court, therefore, directed the office to transmit a copy of this judgment to the Chief Secretary, Punjab, who shall ensure its circulation to all administrative secretaries of the Government of the Punjab for strict compliance. So that in future all recruiting authorities adhere to the mandatory requirement of quota reserved for persons with disabilities, the court concluded. Copyright Business Recorder, 2026

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