Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu ,  Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Advertisement for post of lecturer--Appearance in test and interview--Non-availability of post--Non-impleadment of ad-hoc appointees in writ petition--Maintainability--Locus standi neither any iota of proof pertaining to appearance in test/interview conducted by PSC has been brought on record nor merit list--Record has completely closed its eyes, is neither an aggrieved party within meaning of Article 44 of Azad Jammu 85 Kashmir Interim Constitution, 1974 nor has locus-standi to invoke extra-ordinary jurisdiction of this Court by-way writ petition--Writ lies where any violation of rules and departure of law has been made--Writ petition has been filed on conjunctures, surmises and false hopes of petitioner, which cannot be issued in vacuum--Petition was dismissed.[Pp. 45 ,  46] A, C ,  D Azad Jammu ,  Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Extraordinary jurisdiction--Extra-ordinary jurisdiction of this Court in a routine matter can be exercised, which can only be invoked in extra-ordinary situation as such remedy lies only for aggrieved person who comes before Court with clean hands. [P. 45] B 2001 SCR 530 ref. JUDGMENT Through this writ petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, following relief has been sought by the petitioner: ‘Under the circumstances, it is humbly prayed that by accepting the instant writ petition, the impugned notification dated 13.12.2019 may kindly be set-aside by issuing direction to respondents to make fresh appointments against the posts mentioned in the notification dated 13.12.2019 on the strength of test and interview dated 28.8.2019 and merit list thereafter.’ 2. The main trust of the petitioner is that Public Service Commission advertised certain posts including the post of lecturer English BPS-17 allocated for District Sudhnoti on 04.04.2019 and in response thereof, the petitioner applied and participated in test and interview and secured position. It has been stated that the petitioner is at top of waiting merit list to be considered against the available…

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