Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)------Art. 44--Vacancy of post of Dean--Recommendation for appointment--Appointment of private respondent--Challenge to--Vice Chancellor could only recommend panel of 31 candidates not a single candidate without pointing out any specific candidate--Selection of candidate from panel of 03 candidates is up to learned Chancellor--Panel sent by Vice Chancellor on basis of claimed consistent practice was ex-facie in violation of command of Statute i.e. Statutes Relating to appointment, powers and duties of Dean--Prof. Dr. Sardar Javed Iqbal had failed to file appeal before any competent forum or authority concerned, said orders had attained finality--After lapsing so many years, instant petition had been moved for setting aside same, which in my view was not maintainable--It is pre-requisite qua maintainability of a constitutional petition to indicate any violation committed by respondents’ side under rules and regulations by which petitioner is being governed--It is now almost settled principle of law that when a particular method of performance of a an act is prescribed under an Act or rule then such act must be performed according to prescribed method alone or not at all--The entire proceeding qua sending panel against post of Dean Faculty of Humanities and Social Sciences was at odds with University Statue, therefore, no relief could be extended in favour of petitioners nor panel in deviation of Statute, could be endorsed by any way--Order accordingly. JUDGMENT:Identical law points and facts are involved in all the titled writ petitions, therefore, these were clubbed up, heard together and are decided through this single judgment.2. Brief facts of the Petition No. 2348/2024 filed under Article 44 of Azad Kashmir Interim Constitution, 1974, by the petitioner Prof. Dr. Naznain Habib (Chairman Sociology and Psychology Department UAJ K) are that petitioner is a permanent employee of the University of AJ K and currently; a Professor in Sociology BPS-21. Petitioner contended that according to University Statute, Dean of Faculty shall be appointed by Chancellor on the recommendations of Vice…