Law:

Section:

Azad Jammu and Kashmir State Subjects Rules, 1980-------8. 7---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Constitutional petition---Appeal to Supreme Court---Posts of Assistant Commissioners and Assistant Superintendents of Police---Reserved seat for District ' M'---Both. appellant and respondents being candidates, appellant was selected on the reserved seat while respondent having secured, 2nd position could not be recommended---High Court in exercise of its Constitutional jurisdiction declared recommendation of Public Service Commission to be bad in law on the ground that Domicile Certificate was false ---Validity--­Maintainability/competency of Constitutional petition was assailed on the ground that departmental remedies being available respondent had not availed those remedies, therefore, Constitutional petition was not maintainable before the High Court and decision of High, Court on that basis could not be maintained---Respondent had explained in ' his Constitutional petition that Departmental remedies were not efficacious in the circumstances of the case for considerable time would be consumed in obtaining the decision from relevant Authorities with the result that recommendations of Public Service Commission would become "redundant" ---Respondents' further explanation that apart from challenging domicile certificate, recommendations of Public Service Commission had also been challenged which was only within the competence of High Court, and was validly accepted by that Court---Reasons advanced by High Court that the domicile certificate obtained by appellant was false and that appellant had never been-a resident of Azad Jammu and Kashmir were weighty and adequate--­Dispute about domicile certificate and appointment based thereon were interwoven matters and Constitutional petition was the only efficacious remedy---Appellant's claim that he was resident of ' M' District of Azad Jammu and Kashmir was not supported even by his own witnesses---Appellant's domicile certificate being fake and false, his recommendation by Public Service Commission and his appointment on that basis was validly declared by the High Court to be without…

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