Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42,44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 42 & 44---Writ petition was dismissed in limine by the High Court---Appeal to Supreme Court with leave of the court---Scope---Background of the appeal was that appellant had filed a writ petition before High Court alleging that respondent who was appointed as Private Secretary (B-17) to the Chairman Ehtesab Bureau---Lacked the required qualification and that his office be declared as vacant and the authorities be directed to fill the post in accordance with the Rules---High Court dismissed the writ petition on the grounds that petitioner did not come within the ambit of aggrieved person and had not appended certified copies of the documents---Validity---Departmental Rules revealed that for appointment against the post of Private Secretary (B-17), 2nd class Bachelor degree from a recognized university along with one year post graduate diploma in computer science was required---Question of lacking qualification had not been considered by the High Court---Points involved in the writ petition could only be resolved after admitting the same for regular hearing---Dismissal of writ petition in limine on technical grounds without taking into consideration the legal questions involved therein could not be approved---Appeal was accepted by the Supreme Court by setting aside the impugned order and the writ petition was admitted for regular hearing and the case was remanded to the High Court for decision on merits. Ahmed Nawaz Tanoli's case 2016 SCR 961 and Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173 rel. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, J.---- The titled appeal by leave of the Court has been filed against the judgment dated 14.04.2017, passed by the Azad Jammu Kashmir and High Court in Writ Petition No.15 of 2017. 2. The facts forming the background of the captioned appeal are that Naseeb Azad, petitioner, herein, filed a writ petition before the Azad Jammu and Kashmir High Court alleging therein that Yasir Arafat, respondent No.5, herein was appointed as Private Secretary B-17 to Chairman Ehtesab Bureau vide notification dated 20.06.2013. It was…

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