Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Advertisement for post of junior teachers was placed at Serial No. 7 on merit list--Appointment of appellant who was at serial No. 8--Recommendation of selection committee--Writ petition--Accepted--Selection committee was not impleaded as party in writ petition--Maintainability of writ petition--Challenge to--Writ petition before High Court, was not maintainable and in absence of necessary party no effective writ could be issued but this important aspect of case has not been properly attended by High Court, impugned is not sustainable in eye of law--Appeal allowed. [P. 9] A JUDGMENT Khawaja Muhammad Nasim, J.--The titled appeals by leave of the Court have been directed against the judgment of the High Court dated 23.1.2018, whereby the writ petition filed by Respondent No. 1 has been accepted and the appointment order of the appellant, Muhammad Qadir Khan, has been set aside, while issuing the direction for appointment of Respondent No. 1 herein. 2. The facts of the case are that Respondent No. 1, herein, filed a writ petition in the High Court alleging therein, that he is first class State Subject, hailing from village Katkair, Tehsil and District Muzaffarabad. He alleged that the official Respondents through advertisement dated 13.04.2012 published various posts of Junior Teachers (B-9), of different cadres. Being qualified as M.Sc, B.Ed, he applied against the post reserved for Constituency No. 4, Muzaffambad. After conducting test and interview a merit list was compiled, wherein, he was placed at serial No. 7 of the merit list dated 28.05.2012. He alleged that the official Respondents issued the appointment orders of candidates, who were falling at serial Nos. 1 to 6, 8 and 15, however, with mala fide intention, he was not appointed despite the 5 fact that he was placed at serial No. 7 in the merit list. He sought direction for his appointment. After necessary proceedings, the learned High Court through the impugned judgment dated 23.11.2018, accepted the writ petition in the following terms: ‘The gist of above discussion is that by accepting the instant writ petition the…

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