Law: Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

Section: 4(5)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 R. 4(5)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 44---Civil service---Recruitment process---Illegal appointments of Moallim-ul-Quran---Appointing authority acting as Chairman instead of ex officio Member of Selection Board and making recommendation in violation of Rules---Issuance of advertisement by incompetent authority---Effect---Administrative misconduct and procedural irregularities in execution of selection process---Advertisement was issued by DEO (Male) for the posts of Moallim-ul-Quran and no such post was advertised by DEO (Female)/appointing authority---DEO (Male) of the concerned district, who was the appointing authority for Moallim-ul-Quran B-1 under the Azad Jammu and Kashmir Elementary and Secondary Education Department Teaching Cadre Services Rules (Male), 2022, acted as Chairman Selection Committee for Moallim-ul-Quran and no one was associated being the representative of appointing authority as an ex officio Member of Section Committee as was required by R. 4(5) of the Rules, 1977---Summary to this effect forwarded by Chief Secretary of Azad Jammu and Kashmir to the Prime Minister of the State of Jammu and Kashmir also portrayed that an inquiry was conducted by the Chief Secretary in which it was found that selection process was liable to be scrutinized---Some disabled persons had been appointed without reserving/calculating any quota in the advertisement for the disabled persons---High Court found serious administrative misconduct in execution of statutory process, despite clear provisions of law and regulations---Responsible officers were found to have failed to discharge their duties in lawful and efficient manner---Whole selection process was declared to be anomalous, ab initio void and coram non judice, hence, stood extinguished---Respondents were directed to re-initiate the selection process from inception---Writ petition was accepted, in circumstances.       VERDICT:        The above titled writ petitions are hereby accepted.…