Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VITT of 19'74)------S. 4---Alternative remedy---Availability---When constituting bar in filing Constitutional petition---Existence of an alternative remedy would create a bar in filing of a Constitutional petition only, if such remedy was adequate and efficacious one. Syed Mazhar-ul-Hussain Hamdani v. Zubina Nayyar and others Civil Appeal No. 10 of 1994, decided on 30-3-1994 rel. (b) Educational Institution--- ----Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44--­Nomination for M.B.,B.S. seat reserved for State subjects of Jammu and Kashmir---Initially, petitioner was nominated to such reserved seat---High Court on basis of earlier nomination of appellant to a reserved seat in B. Pharamcy, setting aside his subsequent nomination for M.B.,B.S. reserved seat---Validity---Earlier nomination to a reserved seat would debar petitioner to seek subsequent nomination in any other category of reserved seats---High Court's decision would not warrant interference---Respondent's nomination to reserved seat of M.B.,B.S. by the High Court was correct and in accordance with law. Ch, Ali Muhammad Advocate for Appellant. Ghulam Mustafa Mughal Advocate for Respondents. Date of hearing: 2nd April, 1994. JUDGMENT CH. MUHAMMAD TAJ, J.---This appeal, with leave of the Court, is filed to challenge the validity of the judgment of the High Court dated 23-2-1994. The facts briefly stated are that appellant, herein, was nominated for the M.B.,B.S. seat reserved for the State Subjects in the Medical Colleges of Pakistan by respondent No. 4, the Nomination Board of Azad Government of the State of Jammu and Kashmir on the basis of .a merit list prepared by it. Nazam Hussain, respondent No. 1, filed a writ petition before the High Court of Azad Jammu and Kashmir, to challenge the nomination of appellant, herein, and one Ishtiaq; Ahmad, respondent No. 7, on the grounds that appellant was nominated by the Nomination Board in the year 1992-93 for the B. Pharmacy seat 'reserved fox State Subjects in the Department of B. Pharmacy, University of Punjab, Lahore, and due to his above nomination and admission against a reserved…

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