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

Section: R.38

Azad Jammu and Kashmir High Court Procedure Rules, 1984-- ----R. 38--Advertisement for post of statistical assessment--Appointment--Challenge to--Appeal partly allowed--Declaration regarding illegal appointment--Law of requisite qualification--Right to information--Issuance of public document--Where any person despite efforts is not supplied with record, he cannot be penalized rather for doing complete justice learned High Court has to exercise powers vested in it under Rule 38 of Azad Jammu and Kashmir High Court Procedure Rules, 1984 which empowers High Court to decide questions raised in writ petition on such other evidence and in such manner as it may deem fit--In light of official record, appellant has succeeded to prove his merit position and deserves to be appointed against advertised post, therefore, while accepting this appeal relief prayed in writ petition is granted and respondents are directed to appoint appellant against post, he was selected--Misconduct and mal-practice of non-issuance of copy of public documents by public office holders, as noticed in this case, is mockery of law--All concerned and public civil servants are directed to act according to law and no one should be deprived of his right of information--Copies of documents prayed for should be promptly issued according to rules--Appeal was allowed. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, C.J.- The titled appeal by leave of the Court has arisen out of the judgment of the High Court dated 24.05.2017, whereby the writ petition filed by the appellant, herein, has been partly accepted. 2. The precise facts of the case are that the appellant, herein, filed a writ petition before the High Court on 08.09.2015 claiming therein that a post of Statistical Assistant (BPS-11) was advertised on 21.04.2015. He, being eligible applied for the position and contested the test and interview among other candidates. The qualification for appointment to the post as per rules was prescribed in the advertisement as BA/B.Sc/BCS 2nd division with one of the subject as Statistics/ Economics/Physics/Mathematics from any recognized University. He claimed that with mala fide intention the application…

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