Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Civil Service Regulations, Regln. 31---Writ petition---Appointment to advertised posts---Withholding of posts---Lien on appointment---Scope---Public Service Commission advertised 13 posts of Lecturer Political Science; petitioner applied for the post and after qualifying the written testhe was placed at Serial No. 1 of the waiting list---Petitioner claimed that the department had withheld 10 posts of Lecturer Political Science at the time of issuance of advertisement, as such, Public Service Commission may be directed to appoint the petitioner---Validity---Petitioner in order to prove his claim regarding withheld posts had relied upon a notification which showed that the service of different ad hoc appointees had been extended for further six months but it related to those ad hoc appointees who had been adjusted against the lien---Contention of the petitioner was misconceived and misconstrued---Writ petition was dismissed. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Equitable remedy---Scope---Remedy of writ is equitable relief and equity demand that he who seeks equity must come with clean hands. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.129---Court may presume existence of certain facts---Scope---Presumption of correctness is attached to the official record unless contrary proved. (d) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata---Scope---Doctrine of res judicata is built upon the consideration of public policy that there must be an end to the litigation and finality be given to the adjudication at some stage. 2013 SCR 172 ref. JUDGMENT SYED SHAHID BAHAR, J.---The supra titled writ petition has been addressed under Article 44 of Azad Jammu and Kashmir Interim Constitution 1974, whereby, the petitioner has sought direction against the respondent, Public Service Commission, not to advertise the post of Lecturer Political Science and further direction has been sought against the respondents to withdraw the requisition sent to Azad Jammu and Kashmir Public Service Commission for the supra post and also…

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