Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Civil service--- ----Appointment to advertised post---Enhancement of posts---Scope---Petitioner challenged order through which two candidates were appointed while only one post was advertised---Validity---Perusal of advertisement revealed that the number of posts could be enhanced, thus, after availability of other post the second appointment was made, while the petitioner had not challenged the condition---Proper course in the appointments of the (private) respondents had been adopted---Petitioner had failed to prove his case regarding illegal appointments of (private) respondents---Writ petition was dismissed. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Extraordinary jurisdiction---Clean hands---Bona fides of petitioner---Scope---Remedy of writ is not akin to civil suit, it is an extraordinary constitutional jurisdiction provided to an aggrieved person in extraordinary circumstances, where, no alternate or adequate remedy is provided under law---Petitioner has to come forward purely with clean hands and in attire of bona fide---Mere stale and bald claim is not entertainable in extraordinary writ jurisdiction---Conduct of the petitioner is always to be filtered through lens of bona fide. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Equitable jurisdiction---Extraordinary jurisdiction---Scope---Relief in extraordinary jurisdiction is equitable in nature and equity demands that one who asks for equity must come with clean hands, meaning thereby that a person who chooses to come forward and invokes extraordinary jurisdiction of High Court must prove at the outset that he is the bona fide claimant---Remedy of writ is two edged weapon in the hands of the petitioner as it can cut both ways. (d) Locus poenitentiae, principle of--- ----Beneficiaries of the orders passed by the departmental authorities cannot be penalized for loopholes, inaction or procedural irregularity of the authorities. JUDGMENT SYED SHAHID BAHAR, J.----Through this petition filed under Article 44 of Azad Jammu and Kashmir Interim Constitution, 1974, the petitioner sought for…

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