Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

THIS ORDER PASSED BY: AZHAR SALEEM BABAR, JUSTICE:---.--- Through the above titled writ petitions filed under Section 44 of the AJ K Interim Constitution Act, 1974, petitioners are contesting for the post of Health and Nutrition Officer B-17 in the Health Department. Facts of the case are that a post of Health and Nutrition Officer B-17 was advertised by the P.S.C. In the Health Department, whereupon petitioner, Sadia Mir D/o Farooq Ahmed Mir from District Muzaffarabad, was recommended and was thereafter appointed vide notification dated 02.07.2011. The petitioners have laid their claims that 03 posts of Health and Nutrition Officer B-17 exist in the department but the department has advertised only one post out of mala fide intention. Shabnam Shazadi, petitioner, has challenged the merit position of Atia Azad for the reason that Atia Azad does not hold the requisite academic qualification for the job in question, so, she has been placed on the merit list against law. It is the version of the petitioners that if all the 3 posts of Health and Nutrition Officers B-17 were advertised, the petitioners would have been appointed on regular basis against the posts withheld by the Department against law. I have heard learned counsel for the parties and perused the record in the light of departmental rules. A post of Health and Nutrition Officer B-17 was advertised by the P.S.C. In the Health Department, whereupon Sadia Mir D/o Farooq Ahmed Mir from District Muzaffarabad was recommended and was thereafter appointed vide notification dated 02.07.2011. The petitioners claim that there exist 03 posts of Health and Nutrition Officer B-17 in the department but the department has advertised only one post out of mala fide intention. In this context, couple of orders of ad hoc appointees have been relied upon. However, Shabnam Shazadi, petitioner, has challenged the merit position of Atia Azad for the reason that Atia Azad does not hold the requisite academic qualification for the job, so, she has been placed on the merit list against law. Learned counsel appearing on behalf of Shabnam Shazadi has contended that according to Departmental Rules, a Master's Degree in Nutrition is…

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