Law:

Section:

This writ petition is addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974.   The succinct antecendent and facts giving rise to the instant writ petition are that the University of Azad Jammu and Kashmir, through an advertisement in daily News Paper, invited applications for admission in M.A English and other courses. Responding the aforesaid advertisement, the petitioner applied for admission in M.A. English. The merit list was prepared. The petitioner was placed at No.30 in the merit list. The non-petitioners Nos.4 and 5 at No.47 and 48 respectively. The admission was refused to the petitioner and the non-petitioners on the basis of merit. Subsequently through order dated 26-6-1997, a special seat was created against the quota of the Chancellor. 'Die non-petitioner No.4 was admitted on the basis of the quota of the Chancellor. The non-petitioner No.5 was also admitted on the direction of nonpetitioner No.6 (Chancellor) against the reserved seat of Chancellor.   The grievance of .the petitioner is that both non-petitioners Nos.4 and 5 were on Nos.47 and 48, in the merit list, while the petitioner was at No.30. Now when the nonpetitioners , have been admitted then he is also entitle to the admission.   The writ petition was admitted for regular hearing. The non-petitioners filed their written statements. The arguments were heard.   The learned counsel for the petitioner contended; 'that on 26-6-1997, a special seat was created against the quota of Chancellor for non-petitioner No.4. This seat 'was created on the direction of Chancellor because he wanted to accommodate nonpetitioner No.4. He submitted that on the same day, on the direction of the Chancellor, the admission was also allowed to non-petitioner No.5 against the reserved seat of Chancellor. It was further maintained by the learned counsel that the rules do not recognise the quota of Chancellor. He submitted that Annexure 'C' reveals that first, applications were obtained from the non-petitioners Nos.4 and 5 and then the special quota was created for accommodating them. The non-petitioners No. 4 and 5 were admitted against the…