Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 44 & 47---Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), S.4---Writ petition---Maintainability---Civil service---Non-selection of candidate---Appointment of less qualified candidate was challenged---Petitioner secured first position in the test and interview on re-evaluation of papers---Department decided to cancel the appointment of less qualified appointee and re-advertise the post and did not appoint the petitioner---Respondent appointee who was re-instated by the Service Tribunal contended that after his appointment he became civil servant as such the petitioner was liable to approach the Service Tribunal and writ petition was not maintainable---Validity---For carrying out the command of the Constitution, the Azad Jammu and Kashmir Service Tribunal had been established for determination of the disputes relating to the terms and conditions of the employees who were or had been in the service of Azad Jammu and Kashmir including disciplinary matters---Under S.4 of the Azad Jammu and Kashmir Service Tribunals Act, 1975 only a civil servant aggrieved by any final order, (whether original or appellate) made by a departmental authority in respect of any of the terms and conditions of service could file appeal before the Service Tribunal---Petitioner was admittedly not a civil servant and had only challenged the merit list prepared by selection committee and order of re- advertisement of the post, which could not be challenged before the Service Tribunal---Service Tribunal was not competent to give any direction in the present case---Writ petition was maintainable and allowed---Department was directed to appoint the petitioner accordingly. Dr. Ahmed Salman Waris, Assistant Professor, Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382 rel. Muhammad Tariq Amin and 3 others v. Muhammad Hussain and 3 others 1999 PLC (C.S.) 941 and Habibullah Ganaie v. Wajahat Rashid Baig and others 1999 PLC (C.S.) 615 ref. Sardar Muhammad Habib Zia for Petitioners. Syed Mushtaq Hussain Gillani for Private Respondent. Nemo for official Respondents. ORDER GHULAM MUSTAFA…

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