Law: Establishment of the Office of Mohtasib (Ombudsman) in Azad Jammu and Kashmir Act, 1992

Section: 10(3),32

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Establishment of the Office of Mohtasib (Ombudsman) in Azad Jammu and Kashmir Act, 1992--- ----Ss. 10(3) & 32---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---University of Azad Jammu and Kashmir Muzaffarabad Admission, Registration and Examination Regulations, Regln. 9---Candidate had secured 358 out of 800 marks in B. A. examination---Grace marks, award of---Grant of grace marks for declaring a candidate successful---Non-inclusion of said grace marks in the final result---Effect---Complaint before Ombudsman---Limitation---Condonation of delay---Award of two marks by the Mohtasib for grant of second division---Writ petition---Maintainability---Alternate remedy---Candidate had moved complaint before the Mohtasib for award of two marks for second division which was accepted---University moved writ petition against the order of Mohtasib which was dismissed on the ground that an alternate efficacious remedy by way of representation before the President was available but same was not availed---Validity---Complaint to Mohtasib could be filed within three months from the date on which the person aggrieved first had the notice of matter alleged in the complaint---Mohtasib (Ombudsman) could condone the delay if some special circumstances were known to him---Neither any objection with regard to limitation was raised before the Mohtasib nor the High Court---Said question could not be raised for the first time before Supreme Court---Where alternate remedy had been provided by the statute then same must be availed/exhausted before resorting to the supervisory jurisdiction of High Court---Question of adequacy and efficacious of a remedy would depend upon the circumstances of each case---Where order of an authority/special Tribunal was ab initio void or illegal then availability of alternate remedy might not be a hurdle in the way of High Court for exercise of constitutional jurisdiction---University had alternate remedy by way of representation before the President---Said remedy was adequate and efficacious but was not availed---Writ petition before High Court was not competent in circumstances---Minimum passing marks in B. A. examination…

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