Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Police Rules, 1934, R.12.3---Writ petition---Appointment of Inspectors, Sub-Inspectors and Assistant Sub-Inspectors---Scope---Petitioners sought direction to the authorities to promote the Inspectors and Assistant Sub-Inspectors against 50% reserved quota to all the categories i.e. Executive, Regular, Reserve, Rangers, Traffic Police, Crimes Branch and Special Branch and also fill the vacant posts through direct recruitment---Validity---Petitioners were seeking share from the quota fixed for direct recruitment---Remedy of writ was an extraordinary relief and litmus test for the petitioner asking for issuance of writ was that he should come with clean hands---Power in that regard was to be exercised in an extraordinary circumstances within the ambit and yardstick of the jurisdictional arena---Petitioners could take their grievance before the tribunal of exclusive jurisdiction i.e. Service Tribunal against adverse order or for that matter statutory rules detrimental to their service rights---Writ petition was dismissed. (b) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----S.23---Rules---Scope---Government/Competent Authority has right to frame rules and amend the same whenever required. 2005 SCR 259 and 2010 SCR 156+201 ref. JUDGMENT SYED SHAHID BAHAR, J.---The petition in hand has been filed by the petitioners-Muhammad Yaseen and other, under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby following relief has been solicited by the petitioners:- It is, humbly prayed that by accepting the constitutional petition an appropriate and expedient writ petition in the interest of justice may very kindly be issued against the respondents directed the official respondents to promote the police officials in above rank against 50% reserved quota to all the categories i.e. Executive, Regular, Reserve, Rangers, Traffic Police, Crimes Branch and Special Branch etc. and also filled the vacant posts through direct recruitment according to above said criteria. It is further prayed that the impugned advertisement No.AJK 478-N dated 01.06.2019 along with…

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