| Citation(s) |
|---|
| 1994 SLG 1399 1994 SLD 1399 1994 CLC 1428 |
Supreme Court (AJ&K)
Civil Appeals Nos. 10, 16 and 17 of 1994, decided on 30th March, 1994. DATE of hearing: 22nd March, 1994
SARDAR SAID MUHAMMAD KHAN, C.J. AND CHAUDHRY MUHAMMAD TAJ, J
Muhammad Ibrahim Zia, Advocate for Appellants (in Civil Appeal No. 10 of 1994). Ghulam Mustafa Mughal, Advocate for
Respondent No. 1 (in Civil Appeal No. 10 of 1994). Sardar Khan, Advocate General for
Respondents Nos. 2 and 3 (in Civil Appeal No. 10 of 19
Civil Appeals Nos. 10, 16 and 17 of 1994, decided on 30th March, 1994. DATE of hearing: 22nd March, 1994
SARDAR SAID MUHAMMAD KHAN, C.J. AND CHAUDHRY MUHAMMAD TAJ, J
Muhammad Ibrahim Zia, Advocate for Appellants (in Civil Appeal No. 10 of 1994). Ghulam Mustafa Mughal, Advocate for
Respondent No. 1 (in Civil Appeal No. 10 of 1994). Sardar Khan, Advocate General for
Respondents Nos. 2 and 3 (in Civil Appeal No. 10 of 19
Civil Appeal No. 10 of 1994 Syed MAZIJAR-ULHASSAN HAMDANI and another
VS
ZUBINA NAYYAR and 10 other Civil Appeal No. 16 of 1994 AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary of Azad Jammu and Kashmir, Muzaffarabad and ano
Law:
Section:
(a) Educational institution--- ---- Admission in Medical College---Candidates' nomination by the Government for admission---Candidate who could be nominated on the basis of merit out of quota reserved for a District whether could opt for special seat according to his own choice---Appellant being qualified to be nominated against a seat of general quota on merits, should have been nominated against that seat and not against special seat which should have been allotted to a candidate who could not be nominated against general quota on merits. Municipal Committee, Multan v. Bhai kishan Chand AIR 1927 Lah. 276; Gurdial Singh v. Central Board and Local Committee, Sri Darbar Saheb, Amritsar AIR 1928 Lah. 337; Dr. Muhammad Akram v. Allotment Committee, Mirpur Development Authority PLD 1985 SC (AJ&K) 113; Mir Alam Khan v. Mst. Afsar Jan PLD 1982 SC (AJ&K) 107; Mir Abdul Aziz v. Mirpur Development Authority PLD 1986 Azad J&K 56; Ch. Muhammad Anwar v. Ch. Muhammad Rashid PLD 1987 SC (AJ&K) 41; Bashir Ahmad Khan v. Mahmud Ali Khan Chowdhry PLD 1960 SC 195; Province of West Pakistan v. Muhammad Afzal Khan PLD 1962 Lah. 131; Syed Muhammad Alam v. Syed Mehdi Hussain PLD 1970 Lah. 6 and Novelty Enterprises Limited, Tariqabad, Mirpur v. Deputy Collector, Excise and Taxation/Sales Tax Officer 1993 CLC 1165 ref. (b) Interpretation of statutes--- ---- Court could not fill in lacuna in rules or statute by supplying the words or phrases. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition ---Compentency---Remedy of appeal was although available against the administrative decisions impugned in Constitutional jurisdiction yet that remedy could not be regarded to be efficacious, speedy and appropriate, especially when the Government before whom appeal could have been filed had all along supported the case of appellants---Constitutional petition was, thus, competent in circumstances. (d) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 42---High Court while accepting respondent's Constitutional petition had awarded cost to her which was not justified---Government's appeal was partly accepted…
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