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ISLAMABAD, Jan 27 (APP):The Federal Constitutional Court of Pakistan (FCCP) has ruled that strict physical fitness standards are mandatory for recruitment into the Punjab Police, but emphasized that the employment rights of persons with disabilities must be protected through consideration under the disability quota.
According to the court’s approved written detailed judgment, a two-member bench comprising Justice Ali Baqar Najafi and Justice Muhammad Karim Khan Agha issued the ruling after hearing a petition filed by Muhammad Farhan.
Muhammad Farhan had applied on open merit for recruitment as a constable in the Punjab Police in Attock district. He was initially included in the list of provisionally selected candidates by the recruitment board; however, during the medical examination, the vision in one of his eyes was found to be below the required standard.
Subsequently, ophthalmology specialists at DHQ Hospital Attock and Holy Family Hospital Rawalpindi unanimously declared him medically unfit.
The court observed that under Rule 12.16 of the Punjab Police Rules 1934, along with its annexure, every candidate must meet prescribed visual standards in both eyes. It noted that strict medical criteria are essential for service in a sensitive and armed institution such as the police.
Rejecting the petitioner’s argument that he should be recruited on the basis that some serving police officers with physical disabilities perform desk duties, the court clarified that those officers were medically fit at the time of recruitment and were later assigned lighter duties due to health issues arising during service, making their situation fundamentally different from the present case.
However, the court stressed that the petitioner’s partial visual disability should be considered under the disability quota. Referring to the Punjab Empowerment of Persons with Disabilities Act 2022, the court stated that the law guarantees protection against discrimination in employment and ensures job opportunities for persons with disabilities in accordance with prescribed quotas.
The court further noted that although the petitioner had not applied under the disability quota, the relevant legal provisions are deemed an integral part of all government job advertisements. It also pointed out that the Punjab Police has already approved a quota for persons with disabilities under its standing orders.
While declaring the refusal to appoint the petitioner as a police constable to be lawful, the court left open the possibility for his case to be considered under the disability quota in accordance with applicable laws and regulations.
Citing previous Supreme Court judgments, the court reaffirmed that disability alone cannot disqualify a candidate from public employment, provided the candidate meets the legal and regulatory requirements for the position.