Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, S.8---Azad Jammu and Kashmir Public Service Commission (Procedure) Rules, 1994, R.12---Pakistan Rehabilitation Act (XLII of 1956), S.2(3)---Writ petition---Appointment . against seat reserved for refugees---Treating Mangla Dam affectee as refugee---Petitioner who being State Subject was Mangla Dam affectee and was settled in Pakistan, claimed that he was entitled to be appointed against seat reserved for refugees settled in Pakistan---Validity---Petitioner could not be treated as refugee settled in Pakistan because he had not migrated from any part of occupied State of Jammu and Kashmir---Only a refugee from Jammu and Kashmir settled in Pakistan could compete against the quota reserved for said category; and petitioner who was resident of District Mirpur Azad Jammu and Kashmir being Mangla Dam affectee had no right to compete against said quota---Contention that as the petitioner was entitled to contest the election and cast vote under Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, was liable to be appointed against the quota of refugee settled in Pakistan, was devoid of any force, because said Ordinance had been enacted for preparation of the Electoral Rolls for election to the Legislative Assembly---Public Service Commission could not be directed to nominate the petitioner against said quota. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction---Scope---No direction could be issued to frustrate the statutory law in writ jurisdiction. Ch. Muhammad Latif for Petitioner. Raja Gull Majeed, A.-G. on Court notice. ORDER GHULAM MUSTAFA MUGHAL, C.J.--- Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, petitioner herein has prayed following relief:--- "it is, therefore, most humbly prayed that respondent No.1 may kindly be directed to treat the petitioner as refugee settled in Pakistan in the category of "Jammu and others" due to migration as a consequence of Mangla Dam affectee as he has been treated in case of civil…

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