Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 4, 12, 15 & 17

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 4, Fundamental Rights, 12, 15 & 17---Educational institution--�Admission to Medical Colleges---Quota to give representation to each territorial unit of Azad Kashmir and refugee State Subjects settled in Pakistan for admission in Medical Colleges of Pakistan---Such quota had been held to be mandatory in nature---Nomination Policy did not visualise any discrimination nor authorised the Nomination Board to nominate the candidates on the basis of sex---Discrimination in nomination of candidates for admission in Medical Colleges on the ground of sex, therefore, was un �Constitutional---Principles.Umar Hayat v. Azad Government and 3 others 1999 PLC (C.S.) 93; Mussarat Uzma Usmani and another v. Government of Punjab PLD 1987 Lah.178; Miss Farhat Jaleel and others v. Province of Sindh and others PLD 1990 Kar.342 and Shrin Munir and others v. Government of Punjab PLD 1990 SC 295 rel.Shrin Munir and others v. Government of Punjab PLD 1990 SC 295; AIR 1960 (sic) 1125; AIR 1971 SC 1762; PLD 1990 Kar.342; PLD 1958 SC 298; PLD 1980 SC (AJ&K) 5; Government of N.-W.F.P. v. Merjee Floor and General Mills Pvt. Limited 1997 SCMR 1804; Miss Sakina Begum v. Selection Committee for Bolan Medical College 1995 SCMR 334; PLD 1987 (sic) 77; General Manager, Southern Railway v Rangachari AIR 1962 SC 26 and 1998 SCMR 1469 ref.Government of N.-W.F.P. v. Merjee Flour and General Mills Pvt. Limited 1997 SCMR 1804; PLD 1980 SC (AJ&K) 5; Miss Sakina Begum v. Selection Committee for Bolan Medical College 1995 SCMR 334; Miss Hina Javed and others v. Government of N.W.F.P. 1998 SCMR 1469 and General Manager, Southern Railway v. Rangachari AIR 1962 SC 26 distinguished.(b) Azad Jammu and Kashmir Enforcement of Shariat Act, 1989------Ss.3 & 9Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),----Ss. 3 & 4---All the laws were required to be interpreted by the Courts in the light of Islamic principles and the interpretation adopted had to be nearer to Islam---Contention that preference of male over the female advanced the cause of Islam and that same was nearer to Islam was repelled---Islam…