Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Civil Procedure Code (V of 1908)

Section: 92,O.I,R.8

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Civil Procedure Code (V of 1908), S. 92 & O. I, R. 8---Writ petition---Maintainability---Aggrieved person---Locus standi---Changing the name of a school---Change in the name of a school was challenged through writ petition which was dismissed by the High Court being not maintainable---Validity---Petitioners were not residents of the Union Council where the school was located---Petitioners being not aggrieved of the impugned notification had no locus standi to challenge the same---Writ petition being in representative capacity written consent of Advocate General had not been obtained before filing the same---Even no permission of the Court had been sought under O. I, R. 8, C.P.C---Writ petition was liable to be dismissed on that score---Writ was competent only where violation of rules or law was pointed out---No such violation having been pointed out, writ petition could not be entertained to resolve the question of academic interest---Appeal was dismissed, in circumstances. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Scope---Writ was competent only where violation of rules or law was pointed out. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Applicability of provisions of Civil Procedure Code, 1908---Scope---Provisions of Civil Procedure Code, 1908 were applicable to writ proceedings. Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid Committee and others PLD 1989 SC 283 rel. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, JUSTICE:---.- -- The captioned appeal by leave of the court arise out of the judgment dated 8-7-2017 passed by the learned High Court in Writ Petition No.431 of 2014. 2. The facts of the case shortly stated are that the appellants are residents of Union Council Maloot, Tehsil Dhirkot, District Bagh. It is stated that the Government vide notification dated 13.10.2009, besides others, upgraded Boys Middle School Beesbagla as High School. Subsequently, the Government vide notification dated 15.11.2011 issued a corrigendum through which the said…

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