Law:

Section:

Azad Jammu and Kashmir Interim Constitution act (VIII of 1974)--- ----S. 48---Azad Jamma and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, R. 16---Azad Jammu and Kashmir Public Service Commission Act, 1986, Ss. 7 & 11---Azad Jammu and Kashmir Public Service Commission (Procedure) Rules, 1994, R. 5---Azad Jammu and Kashmir Public Service Commission (Functions) Rules, 1978, R. 3---Azad Jammu and Kashmir Civil Servants Act, 1976, S. 23---Repugnancy to the provisions of the Constitution---Government's Notification directing Public Service Commission that while making selection for filling up posts it should give due consideration to "experience" and "departmental training" of candidates and also relaxation of upper age limit---Government through another notification exempting certain services from written examination by issuing modification in Syllabus etc, for candidates of competitive examination---Validity of such notification on the touchstone of Constitution and Ss. 7 & 11 Azad - Kashmir Public Service Commission Act, 1986--­Notifications in question, were declared to be violative of the Fundamental Rights as enshrined in the Constitution and also of provisions of Ss. 7 & 11, Azad Jammu and Kashmir Interim Constitution Act, 1974. Decision of the Government that Public Service Commission should give consideration to past experience and departmental training runs counter to the of Supreme Court reported in 1994 PSC 1198. Thus, looked at from that angle clause (i) of the Government decision relating to consideration of experience and training turns out to be one without lawful authority and of no legal effect. Under the Azad Jammu and Kashmir Civil Servants Act, 1976 the power to appoint a civil servant was vested in the Government. The advice of the Public Service Commission was not binding. The power of laying down the qualifications and other conditions for initial recruitment were vested in Government. However, the power to hold tests and examination was vested in Public Service Commission under the authority of Constitution. The Constitution Act does not lay down that Government has any control, supervision or…

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