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Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 42---Writ of quo warranto and mandamus---Claim for grant of relief by way of writ of mandamus and quo warranto in one Constitutional petition not barred. Khan Muhammad Khan (sic) Lah. 125 and Muhammad Azad Khan v. Vice-Chancellor and others Civil Appeal No. 16 of 1998 ref. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been directed against the judgment of the High Court, dated 12-3-1998, whereby the writ petition filed by the appellant, herein, was dismissed on the ground of laches. 2. The brief facts of the case are that the appellant was appointed as Municipal Magistrate on ad hoc bass on 3-3-1991 in the Municipal Corporation, Mirpur. The Azad Jammu and Kashmir Local Government Board invited applications for filling in the aforesaid post on regular basis.--in response to the notice, the appellant also applied for (sic) being appointed on the post on which he was already serving on ad hoc basis. However, after fixing the date for test and interview, the date was changed by respondent No.2 with mala fide intention to accommodate a person of its own choice. The appellant appeared in test and interview etc. and secured second position in written test while 3rd position in the interview. According to the appellant, the qualification for the appointment on the said post was that the candidate should be Law Graduate and must have three years experience in legal field but respondent No.4, who did not have the experience of three years, was illegally appointed as Municipal Magistrate in violation of the relevant rules. The High Court, after taking necessary proceedings in the writ petition, dismissed the same holding that the writ petition was filed after two years and six months of the appointment of respondent No.4 and, thus, it was hit by the laches. 3. Ch. Muhammad Azam Khan, the learned counsel for the appellant, has argued that the High Court could not issue the direction sought by the appellant, herein, in form of mandamus to appoint appellant, herein, instead of respondent No.4, on the ground that the appellant filed the writ petition after the expiry of period of more than…

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