In the case of Malik Ubaidullah , the petitioner was denied appointment under a disability quota on the pretext of lack of seats calculated therein. He challenged the recruitment process, arguing that the 2% disability quota had been wrongly calculated on the basis of advertised posts rather than the total sanctioned strength.
Held: Emphasizing the inherent dignity of persons with disabilities, the Court asserted that the Constitution of Pakistan guarantees equal rights and freedoms
for all individuals, regardless of their abilities. The Court criticized the use of derogatory terms such as “disabled” and “mentally retarded,” directing that
more respectful language, like “persons with disabilities,” be adopted in official communications. Furthermore, the Court not only corrected the technical
misapplication of the disability quota but also articulated a progressive jurisprudence of disability in Pakistan, moving from a charity-based approach to a rights-based model grounded in dignity, equality, and reasonable accommodation
Selected Passages:
“Our Constitution, as a whole, does not distinguish between a person with or without disabilities… Every person is entitled to all the rights and freedoms set forth therein, without distinction of any kind. It, therefore, applies equally to persons with disabilities, guaranteeing them full enjoyment of their fundamental rights without discrimination. The triangular construct of the right to life, dignity and equality under the Constitution provides a robust platform for mainstreaming persons with disabilities.
The 2% (and now 3%) Disability Quota is to be calculated on the basis of the total sanctioned posts of the establishment… not on the basis of advertised posts. Filling the Disability Quota on the basis of advertised posts is detrimental to the interest and welfare of the persons with disabilities; is against the letter of the law and offends their fundamental right to life and livelihood and their right to dignity
Words like ‘disabled,’ ‘physically handicapped’ and ‘mentally retarded’ deeply bruise and offend human dignity of persons with different abilities. The Federal and Provincial Governments are directed to discontinue the use of these words… and shift to ‘persons with disabilities’ or ‘persons with different abilities
PLD 2020 SC 599