Law:

Section:

Azad Jammu and Kashmir High Court Procedure Rules, 1984--- ----R. 34---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42 & 44---Issuance of stay order by High Court---Scope---Respondent in the present case, filed writ petition before the High Court whereby he challenged advertisement issued by the authorities for filling in the post in the direct quota---High Court admitted writ petition and ordered for maintaining status quo---Validity---Under provisions of R.34 of Azad Jammu and Kashmir High Court Procedure Rules, 1984, it was mandatory that prior to issuance of stay order, seven days' clear notice must be issued to the other party; and if the court reached to the conclusion that the matter involved was one of urgent nature, and delay in serving the notice would defeat the very purpose of writ petition, the High Court could dispense with the service of notice and issue stay order---High Court, prior to the issuance of notice having not complied with mandatory provisions of R.34 of Azad Jammu and Kashmir High Court Procedure Rules, 1984, order passed by High Court to the extent of issuance of stay order, was set aside by the Supreme Court. Raja Muhammad Asghar Khan v. Muhammad Hafizulah and 5 others 2001 MLD 224 rel. THIS ORDER PASSED BY: MUHAMMAD AZAM KHAN, C.J.--- The captioned appeal with leave of the Court arises out of an order passed by the High Court on 4-11-2009 whereby while admitting Writ Petition No.1379 of 2009 it was ordered that the post shall not be filled in through Public Service Commission and the respondents were directed to maintain status quo. On 24-11-2009, this Court suspended the interim stay order issued by the High Court mainly on the ground that requirement of Rule 34 of the High Court Procedure Rules has not been fulfilled before issuing stay order. 2. Facts necessary for disposal of the appeal are that the respondent filed a writ petition in the High Court on 4-11-2009 whereby he challenged an advertisement issued by the department for filling in the post of Livestock Officer (B-18) in the direct quota. A learned single Judge in the High Court admitted the writ petition for regular hearing and ordered for…

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