Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---S. 42---Posts of Lecturer reserved for refugees advertised by Azad Jammu and Kashmir Public Service Commission---Refusal of Commission to consider petitioner against such quota for he being Mangla Dam displaced State Subject settled in Pakistan---Dismissal of petitioner's writ petition by High Court---Validity---Supreme Court granted leave to appeal to consider question as to whether State Subjects of Jammu and Kashmir, who had permanently settled in Pakistan either being Mangla Dam displaced persons or for some other reasons by compulsion could be treated as "refugees settled in Pakistan" for purpose of eligibility for appointment in service of Azad Jammu and Kashmir against quota reserved for refugees settled in Pakistan? (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 4, 42, 42-A & 44---Azad Jammu and Kashmir Legislative Assembly Ordinance, 1970, S.2---Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, S.9---Azad Jammu and Kashmir Supreme Court Rules, 1978, Rr.1, 4, 5 & 6---Posts of Lecturer reserved for refugees advertised by Azad Jammu and Kashmir Public Service Commission---Refusal of Commission to consider petitioner against such quota for he being Mangla Darn displaced State Subject settled in Pakistan---Dismissal of petitioner's writ petition by High Court---Validity---Petitioner's father was originally resident of Mirpur, Azad Jammu and Kashmir, wherefrom he, due to construction of Mangla Dam was forced to migrate to District Sargodha, Pakistan, where petitioner was born---Quota reserved initially for refugees of Jammu and Kashmir settled in Pakistan vide Notification dated 12-3-1972 had been changed through Notification dated 24-8-1972 by using therein words "persons who migrated from any of occupied Kashmir and settled in Pakistan"---Quota in such notifications had been reserved for refugees from occupied Kashmir settled in Pakistan and not for State Subjects having migrated to Pakistan under compulsion, thus, Mangla Dam displaced persons settled in Pakistan could not be considered as "refugees" for purpose of such notifications---Right to…

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