Law:

Section:

(a) Azad Jammu and Kashmir Public Service Commission (Procedure) Rules, 1994--- ----R. 9---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Civil service---Advertisement for the posts of Section Officers---Petitioner being qualified for the post applied for the same against allocated quota of District "K" and after obtaining test and interview Public Service Commission placed him at serial No. 1 of the general waiting merit list---Services and General Administration Department sent requisition for sixteen more posts of Section Officers including two posts of District "K"---Candidates who passed written examination with regard to four posts of Section Officers as per previous advertisement were interviewed by the Public Service Commission---Public Service Commission had not made a fresh advertisement/amendment to the previous advertisement---Validity---If requisitioning authority had intimated to the Public Service Commission with regard to additional vacancies before the date of test/examination or interview was fixed for earlier vacancies keeping in view the time factor, Commission should issue fresh proclamation pertaining to amendment to the previous advertisement---Public Service Commission had violated its own mandatory procedure although subsequent requisition for additional vacancies was sent to it much before date of interview conducted for the posts earlier advertised through proclamation---Issue of time frame was also not involved---Had these sixteen posts been included in earlier requisition then petitioner would have been in successful candidates---No person should suffer from an unlawful act of the Authority which was bound to pass an order strictly in accordance with law---Relief sought by the petitioner could be extended against withheld posts of Section Officers---Petitioner could not be penalized for an unlawful act of Public Service Commission---Public Service Commission was also directed to recommend the petitioner against one withheld post pertaining to allocated quota of District "K" requisitioned by Services and General Administration Department---Government was also directed to appoint the petitioner…

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