Case Details

Citation(s)
2016 SLG 1914 2016 SLD 1914 2016 SCAJK
Supreme Court (AJ&K)
Civil PLA No. 131 of 2016, 10.05.2016
MOHAMMAD AZAM KHAN, C.J, CH. MUHAMMAD IBRAHIM ZIA AND RAJA SAEED AKRAM KHAN, JJ

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Muhammad Akhtar S/O Iqbal Khan, I.D Card No. 82203-2809236-1, R/O Jand Graan P.O Garhi Dupatta District Muzaffarabad And 183 Others

VS

Azad Jammu And Kashmir Government Through Its Chief Secretary New Civil Secretariat Muzaffarabad And 7 Others

Law:

Section:

Keywords: Result: Petition dismissed ORDER: Ch. Muhammad Ibrahim Zia, J.- The captioned petition for leave to appeal has been filed against the judgment of the High Court dated 31.03.2016 through which the writ petition filed by the petitioners, herein, has been dismissed in limine. 2. The summarized facts of the case are that the petitioners herein filed a writ petition before the High Court while claiming therein that a joint declaration was made on 16.09.2011 by the elected leaders of the Government of Pakistan, Punjab, Sindh, Balochistan, Khyber Pakhtoon-Khawa, Azad Jammu and Kashmir and Gilgit & Baltistan, whereby Federal and Provincial Governments decided to reaffirm their commitment to the education as priority. The Chief Executive of the Azad Jammu and Kashmir is also signatory of the Joint Declaration. It was further claimed that the National Education Policy, 2009 enforced in Pakistan was considered by the Cabinet in its meetings held on 10.12.2010 and 03.01.2011. The same was adapted in Azad Jammu and Kashmir vide notification dated 05.12.2012. To achieve the desired target of the Education Policy, the bulk of share in the funds was to be provided by the Federal Government but due to financial constraints, it was refused. The Government of Azad Jammu and Kashmir imposed and enhanced the rates of some taxes vide AJ&K Finance Act, 2015 to achieve the said target from its own resources. Thereafter, on 02.08.2015, a proposal was sent by Secretary Elementary and Secondary Education (Schools) to the Finance Department for upgradation of different institutions and creation of posts. Through the said proposal 2266 posts conveying different categories were requisitioned. The Finance Department agreed for creation of 1037 posts vide letter dated 02.10.2015. It was further claimed by the petitioners that the Secretary Higher Education also sent a proposal on 06.08.2015 for creation of the posts and upgradation of different institutions at college side. Only 437 posts were concurred with by the Finance Department at college side. On 16.11.2015 the Finance Department issued a letter to the Secretary Higher Education stating therein that the Finance…
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