Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir High Court Procedure Rules, 1984

Section: 13(2)

Azad Jammu and Kashmir Public Service Commission (Procedure) Rules, 1994--- ----R. 13(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Maintainability---Civil service---Waiting list---Scope---Waiting list would become invalid and ineffective after 180 days of the selection---Hand out was issued by the Public Service Commission in 2010 whereas present writ petition had been filed on 18-07-2013---Impugned waiting list was nowhere in field at the time of filing of present writ petition---Writ petition was incompetent at the relevant time which was dismissed in circumstances. Azad Government and 2 others v. Muhammad Qadir Javed and another 2014 PLC(C.S.) 1334 rel. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.--- Through this petition filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the petitioner has sought a direction to the respondents for her induction in service against the posts, withheld by the Department at the time of requisition of the posts. 2. Facts of the case, shortly stated are that Education Department advertised posts of Lecturers in English, Female Cadre in the year, 2010. The petitioner, being qualified and eligible for appointment applied and contested the examination conducted by the PSC. It has been claimed that the petitioner qualified the written examination and her name was placed at serial No.3 of the waiting list. It has been alleged that the department, at the time of requisition of the posts, withheld various posts and due to non-availability of posts, the petitioner could not be appointed. It has been stated that had the department advertised all the vacant posts, the petitioner would have been among the successful candidates and would have been appointed against one of the posts, definitely. 3. The petition has been contested by the respondents by filing written statement, wherein, the claim of the petitioner has been refuted in toto and it has been stated that no post was withheld by the Department at the time of requisition of the posts. It is further stated that the petitioner's name was placed at serial No.3 of the waiting list, whereas, only one post of the…

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