Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Civil service---Laches, principle of---Plea of petitioner was that respondent had been appointed as junior clerk (BPS-7) due to mala fide of Chairman Selection Committee who was his father---Validity---Appointment of respondent in presence of his father as Chairman Selection Committee could not be declared fair and transparent---Writ petition filed after a period of one year should not be dismissed on account of laches in the circumstances of the case---Appointment order of respondent was declared to have been made without lawful Authority---Post in question was declared vacant and Authority was directed to re-advertise the same---Appointment on the post in question should be made in a transparent manner---Selection Committee was supposed to perform its functions in a transparent and fair manner in accordance with Rules---Writ petition was accepted in circumstances. Muhammad Ramzan v. Fazal Wahid and 5 others 2004 YLR 1050 ref. Nadeem Ahmad and another v. Azad Government of the State Jammu and Kashmir through its Chief Secretary Muzaffarabad and 6 others 2010 PLC (C.S.) 336 and 1995 MLD 1350 distinguished. Pakistan Post Officer v. Settlement Commissioner and others 1987 SCMR 1119; Jawad Mir Mohammadi and others v. Haroon Mirza and others PLD 2007 SC 472; State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280; Azad Government of the State of Jammu and Kashmir v. Haji Sumandar Khan and others 1995 SCR 259; Faisal Shafique v. Vice-Chancellor AJ&K University and 5 others 1999 MLD 175 and Umar Hayyat v. Azad Government of the State of the Azad Jammu and Kashmir and others 1999 PLC (C.S.) 93 rel. THIS ORDER PASSED BY: GHULAM MUSTAFA MUGHAL, CHIEF JUSTICE:---.---- Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, appointment order of the private respondent dated 06-01-2013 has been challenged for having been made without lawful authority. Facts forming background of the captioned petition are that petitioner is First Class State Subject of Azad Jammu and Kashmir and hails from…

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