Law:

Section:

(a) Azad Jammu and Kashmir Public Service Commission Procedure Rules, 1994--- -----R. 13---Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, R. 23---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Public Service Commission on requisition of Government recommending names of candidates to be appointed as Medical Officers---Appellant although qualified the test, yet he having been placed much lower on merit list could not be appointed---Merit list had been prepared in 1990 and appellant seeking direction in 1993 to be appointed/inducted to post of Medical Officer on the ground that he was better qualified to be inducted as Medical Officer in place of ad hoc appointees inducted as Medical Officers by Government---Entitlement---No direction could be issued to Government to appoint appellant who was approved by Public Service Commission for the posts to be filled up in 1991, especially so when requisition was only for a few Medical Officers to be inducted in service and list had already been exhausted---Appellant ranked much lower in the merit list at the relevant time---High Court had, thus, committed no illegality in refusing to issue said direction to Government for induction of appellant in service. Raja Muhammad Ayyaz Khan v. Azad Government and another 1995 SCR 281 rel. (b) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- ----R. 23---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Ad hoc appointments made by Government in flagrant violation of law and contumacious disregard of relevant rules---Supreme Court's direction to Government that discretion vested in it must be exercised in accordance with relevant rules or law---Guidelines issued by Supreme Court relating to ad hoc appointments stated. Time and again despite the observations of Supreme Court, ad hoc appointments were being made in flagrant violation of law and contumacious disregard of the relevant rules. This practice was highly deplorable and had to be deprecated. There was a general allegation that the appointments were not made in accordance with the relevant law and…

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