Chief Justice Aalia Neelum of the Lahore High Court on Monday dismissed a petition seeking a five percent quota for the appointment of judges from the minorities, ruling that merit is equal for everyone in judicial appointments.The chief justice issued a two-page written verdict on the petition filed by Naseeb Masih, stating that under Article 175-A of the Constitution, the Judicial Commission is the competent authority for judicial appointments, and introducing a quota system for judges would compromise merit.

She noted that the petitioner’s counsel argued that the government had allocated a five percent quota for minorities in public departments in 2009. Despite this policy, no member of the minority community has ever been appointed as a judge in the superior courts, the lawyer submitted.According to the petitioner, Articles 27 and 36 of the Constitution of Pakistan have not yet been implemented.

He requested the court to direct the government to set a separate merit for minorities and appoint judges from among them. In her verdict, Chief Justice Neelum wrote that the “procedure for appointing judges is clearly defined in the Constitution.”“Judicial service is not an ordinary employment — it differs fundamentally from other services.

Therefore, government employees in other departments cannot be considered constitutionally or practically equivalent to members of the judiciary,” she observed.She noted that the petitioner had cited a Supreme Court case to support the demand for a quota for judges. However, Chief Justice Neelum reiterated that merit applies equally to all, and under Article 175-A, the Judicial Commission alone is authorised to make appointments.

Credit: Independent News Pakistan (INP)