Case Details

Citation(s)
2004 SLG 1857 2004 SLD 1857 2004 CLC 960
Supreme Court (AJ&K)
Civil P.L.A. No. 196 of 2001, decision dated: 7-02-2002. (On appeal from the judgment of the High Court, dated 9-10-2001 in writ Petition No. 197 of 2000).
SARDAR SAID MUHAMMAD KHAN, CJ

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Mst. YASMEEN BIBI

VS

Mst. SAKINA BIBI and 5 others

Law:

Section:

Administration of justice------- Practice and procedure---Challenge to jurisdiction, when cannot be made---Party after submitting itself to the jurisdiction of the Court, could not turn round and say after an adverse order was passed against it, that such Court had no jurisdiction. Ejaz Ahmad Awan and 5 others v. Manzoor Ali Shah and another 1999 PLC (C.S.) 1439 and Mst. Yasmeen Bibi v. Azad Government and others, decided on 2-12-1999 ref. Raja Muhammad Hanif Khan, Advocate for Petitioner. Mujahid Hussain Naqvi, Advocate for Respondent No. 1. Date of hearing: 6th February, 2002. ORDER The petition for leave to appeal has been directed against the judgment of the High Court, dated 9-10-2001, whereby the writ petition filed by Mst. Sakina Bibi, respondent herein, was accepted and a writ of prohibition was issued against the respondents not dated 28-3-2000 without due process of law. 2. The brief facts of the case are that Mst. Sakina Bibi, respondent No. 1, filed a writ petition in the High Court alleging that she had app: for the appointment as Primary Teacher in response to an advertisement published in a newspaper. Thereafter, she gave test and interview e and a merit list was prepared wherein she was placed at Serial No.2 the same; her merits were ignored but consequently, in pursuance order of the Ombudsman, dated 4-1-1996, she was appointed as Primary Teacher vide order, dated 6-5-1996. Thereafter, an appeal was filed her against one Nasreen Akhtar and this Court vide its judgment, date. 4-2-1998 confirmed the orders passed by the Ombudsman, dated 27-11-1994 and 6-5-1996, which implies that her appointment as Primary Teacher was intact. Afterwards, the proceedings for her adjustment Primary Teacher remained in progress as is evident from the orders passed by the concerned authorities, copies of which were placed on the record and marked as R.C., R.D., R.E. and R.F. It was also the case of Mst. Sakina Bibi respondent herein, that she was finally appointed as Primary Teacher vide order dated 6-10-1999. It was further alleged that previously Mst. Yasmeen Bibi, petitioner herein, filed a writ petition against the appointment order, dated 6-10-1999 of the…
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