Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Constitutional petition--Petitioner was serving in calculation department--Passing of M.A. Examine in second division--Issuance of result card--Promotion on officiating basis as subject specialist on basis of result card--Change of award list after laps of years--Recalling of grace marks--Confirmation as per recommendation of Selection Board--Promotion on regular basis--Application for issuance of correct degree--Rejected--Presumption of truth--Entitlement to equitable relief--Direction to--No any reason was brought on record by University authorities that why grace marks granted to petitioner were recalled--It is well settled principle of law that due to act of authority an individual cannot suffer--Result card issued to petitioner is an official document and same has presumption of truth, and could be corrected within a reasonable time by University-respondent--Petitioner in case of 3rd divisioner could improve her division, if intimated within short span of period, therefore, she cannot suffer due to fault of authority--In case in hand, respondents failed to petitioner till 26.08.2010, without showing any lawful justification, hence, petitioner is entitled to equitable relief of writ jurisdiction--Respondents Nos. 1 to 4, are hereby directed to issue correct degree in favour of petitioner forthwith as per result card under Roll No. 221--Cost shall follow eventuality--Petition was accepted. 2006 SCR 312, PLD 1994 Lah. 3, ref. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, CHIEF JUSTICE---.--- The captioned writ petition has been addressed under Article 44 of the Azad Jammu Kashmir Interim Constitution, 1974. 2. Precise facts culminating into filing of the instant writ petition are that petitioner is Headmistress B-18, of Education Department, who was initially inducted as Primary Teachress in year, 1984, promoted as Junior Teachress on 01.06.1984, as Senior Teachress on 23.02.1986, and as Selection Grade SST on 30.11.1987. It is averred that petitioner passed M.A. examination in subject of Islamic Studies in Session, 1992, with 2nd Division and in this regard, result card was…

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