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EDITORIAL: In a landmark judgement with far-reaching implications, the Azad Jammu and Kashmir (AJ&K) High Court on Monday struck down the quota system in professional college admissions and government employment, declaring it “unconstitutional and discriminatory.”

The court ordered that all recruitments and admissions henceforth be conducted strictly on open merit — a move grounded in the principle that public opportunities should be awarded based on competence, not regional, tribal, or political considerations.

While the court’s emphasis on meritocracy is laudable, the decision also raises serious concerns about inclusivity and social equity. The quota system, despite its imperfections, was originally introduced to correct historical imbalances, bridge regional disparities, and provide representation to people in underdeveloped areas.

Quotas are not unique to AJ&K. Across Pakistan — in Sindh, Punjab, Balochistan, and Khyber Pakhtunkhwa — specific job and college admission quotas exist for rural districts, women, persons with disabilities, and other disadvantaged groups. These are designed to level the playing field and offer opportunities to communities denied access to quality education and government employment.

In AJ&K’s case, however, the court has taken a different view, ruling that such quotas violate the principles of equality and fairness enshrined in the region’s constitution. While this interpretation promotes fairness in theory, it poses practical challenges. In many parts of AJ&K, particularly remote districts.

According to a 2022 AJ&K Planning and Development Department report, literacy rates and access to higher education in these districts are significantly below the regional average. Removing the quota system altogether, without providing alternative support mechanisms, risks further marginalising students and job seekers from these underserved areas. Merit cannot be truly meaningful if it ignores the unequal conditions under which people compete.

It is worth noting that the issue of quotas is contentious even in other parts of Pakistan. In Sindh, for example, a highly disproportionate system allocates 60 percent of public jobs and college seats to rural areas and only 40 percent to urban districts — a policy often criticised by urban candidates who feel unfairly sidelined.

The way forward is not an all-or-nothing approach. Instead of scrapping or clinging to outdated quota systems, Pakistan and AJ&K need a more nuanced model of affirmative action. This could include scholarships, capacity-building initiatives, and targeted investments in education infrastructure for backward regions. Such measures would help individuals from disadvantaged backgrounds compete fairly without institutionalising permanent dependency on quotas.

Copyright Business Recorder, 2025

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