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

Section: R.32

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir High Court Procedure Rules, 1984--- ----R. 32---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition, filing of---Requirements--- Advertisement for appointment of employees in government department---Selection process for appointment was challenged through writ petition---High Court dismissed writ petition on the ground that certified copies of impugned advertisement had not been appended with the petition---Validity---Filing of certified copies of the order impugned and documents relied upon with the writ petition was mandatory requirement of R. 32 of Azad Jammu and Kashmir High Court Procedure Rules, 1984---Averments made by the petitioner in the writ petition and the documents relied upon by him had been admitted from the opposite side---Writ petition, in circumstances, could not be dismissed on technical ground---High Court had illegally dismissed the writ petition on the technical ground---Impugned passed by the High Court was set aside by the Supreme Court---Case was remanded to the High Court for decision on merit---Appeal was allowed, in circumstances. Ahmed Nawaz Tanoli, Advocate v. Chairman Azad Jammu and Kashmir Council and others 2016 SCR 960 and Shahida Khadim v. Secretary Education AJ&K and 5 others 2004 PLC (C.S.) 1074 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.--- The supra titled appeal by leave of the Court has been filed against the judgment of the High Court dated 30.03.2018, whereby the writ petition filed by the appellants, herein, has been dismissed. 2. Necessary facts for disposal of the instant appeal are that the appellants, herein, challenged the selection process initiated by the Services and General Administration Department for appointments to the posts of Section Clerk (B-14) and Stenographer (B-14), through a writ petition before the Azad Jammu and Kashmir High Court on 26.07.2017. It was claimed that the department advertised 20 posts of Section Clerk (B-14) out of 50 permanent available vacancies. Similarly, 15 posts of Stenographer (B-14) were advertised and 36 posts were withheld. It was stated that the posts of both the categories were deferred for…

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