Law:

Section:

Azad Jammu and Kashmir Public Service Commission Procedure Rules, 1994Rr. 3, 4, 10 & 15Azad Jammu and Kashmir High Court (Procedure) Rules, 1984, R. 38Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42Post of Hospital PharmacistPublic Service Commission, as a result of interview, recommended respondent for appointment against such postAppellant's Constitutional petition seeking declaration that recommendation of Public Service Commission in favour of respondent was invalid, was dismissed in limineValidityHigh Court had failed to take into consideration document attached with Constitutional petition whereby Public Service Commission had refused to issue certified copies which was best evidence available with appellantPublic Service Commission disallowed appellant's prayer on ground that proceedings of Commission being of confidential nature record of such proceedings could not be made available to candidate/appellantOmission of High Court to bring such document under consideration had led to failure of justiceHigh Court also failed to notice that affidavit was duly filed by appellant in support of averments that Public Service Commission had illegally awarded extra marks to respondent and, thus, deprived appellant of his success which he had achieved in interviewSuch affidavit in support of appellant's assertion was legal evidence in terms of R. 38, Azad Jammu and Kashmir High Court (Procedure) Rules, 1984, and in absence of counteraffidavit same could not have been brushed aside by High CourtLegal point having been raised in Constitutional petition as to whether Public Service Commission was empowered to grant extra marks to respondent for his M. Phil. degree, such point necessitated admission of Constitutional petitionWhere it appeared to High Court to be just and proper, it could direct that question falling for determination might be proved by other evidenceHigh Court's view that only undisputed pleaded facts could be taken into consideration in Constitutional petition was not approvedAppellant's assertion supported by affidavit that respondent was given edge over him by illegally awarding extra marks for M. Phil. degree, and that…

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