Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 4(2)

AJK Public Service Commission Rules, 1994-- ----R. 4(2)--Azad Jammu and Kashmir Interim Constitution, (VIII of 1974), Art. 44 was inducted as senior teachers on ad hoc basis--Post was published on basis of open merit against disabled persons quota--Wirt petition--Appointment of Respondent No. 8 during pendency of writ petition--Disability certificate of Respondent No. 8 was submitted after expiry of last date for filling of application--Deviation from policy--Private respondent was not having disability certificate till last date for receiving applications mentioned in advertisement--PSC has committed a grave illegality for receiving disability certificate from Respondent No. 8 after a considerable delay--PSC has deviated from its policy by entertaining application without disability certificate from private respondent which is against law as being not equitable--Due to non-submission of required documents at date fixed for purpose, application would be incomplete which would disentitle a candidate for applying against post--Petition allowed. JUDGMENT Through the above titled writ petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, the petitioner seeks the following relief: “It is, therefore, most humbly prayed on behalf of the petitioner that this Hon’ble Court may very graciously be pleased: (i)To direct official Respondents No. 2 and 3 to procure MCQs test answer sheets with result, including result of interview of the petitioner and private Respondents No. 8 before this Court regarding post of General Line Senior Teacher. (ii)After examining record may kindly be declared all proceedings to the extent of private Respondent No. 8 as null and void and to direct respondents jointly and severally to recommend and appoint the petitioner against the post in question on the basis of merit. (iii)Further may kindly be directed the respondents jointly to withhold every proceeding to the extent of private Respondent No. 8 till final disposal of, instant writ petition. (iii/1)The appointment notification dated 08.05.2018 may kindly be declared to be issued on the basis of illegal proceeding and incompetent application of illegal…

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