Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

University of Azad Jammu and Kashmir Service Statutes, 1981-- ----R. 5(a), Chapter II--Azad Jammu and Kashmir Interim Constitution, 1974, Art. 42(10)--Advertisemnet for post of assistant professor--Preference for AJK nationals--Principle of acquiescence and estoppel--Recommendations of selection board for non state subject appointment were never challenged specific condition regarding preference for AJK nationals were below in merit list as compare to recommended candidates--Challenge to--Entitlement for appointment--Advertisements were issued with a specific condition that preference will be given to State Subjects never challenged referred condition rather participated in test and interview conducted by Selection Board--Principle of acquiescence and estoppel is fully attracted and High Court erred while holding that principle of acquiescence and estoppel is not attracted in this case--State Subjects are entitled to be given preference but this condition will come into operation only when marks obtained by a State Subject and non-State Subject are equal failed to challenge condition laid down in advertisements at any forum and participated in selection process were not justified to challenge recommendations of Selection Board after having failed to achieve merit position--Impugned of High Court is not maintainable--According to merit list now Respondent No. 2 figures at serial No. 1 and is entitled to be appointed--Appellants is at liberty to consider Respondent No. 2 for appointment in accordance with merit position--Appeals allowed. [Pp. 79, 81 , 82] B, C, D, E , F 2004 SCMR 467, PLJ 2012 SC (AJK) 64, 2000 SCR 97 and 2005 SCR 89 ref. University of Azad Jammu and Kashmir Service Statutes, 1981-- ----R. 5(a), Chap. II--Eligibility for appointment--No person shall be eligible for appointment to the service of the University by direct recruitment unless he is a Jammu and Kashmir State Subject Class-I. [P. 73] A JUDGMENT Kh. Muhammad Nasim, J.--Since both the titled appeals with leave of the Court have arisen out of the common judgment of the High Court, hence, the same are being decided through consolidated judgment. 2. The facts forming the background of the…

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