Law:

Section:

(a) Competitive Examination Rules, 1977-------R. 4 (ii)(b)---Age relaxation---Subjects of "Azad Kashmir" and "State of Jammu and Kashmir"---Distinction---Subjects of Jammu and Kashmir State are a category apart and different from the category of people who are living in Azad Kashmir---Candidates from Azad Kashmir and candidates who are subjects of Jammu and Kashmir State are two distinct, separate and independent categories who are differently treated by R.4 (ii) (b) of Competitive Examination Rules, 1977. (b) Competitive Examination Rules, 1977--- ----Rr. 4 (ii)(b) & 6 (iii)(d)---Age relaxation---Subject of State of Jammu and Kashmir---Change of domicile---Candidate sought relaxation of upper age limit on the ground that he was subject of State of Jammu and Kashmir---Federal Public Service Commission declined the relaxation for the reason that earlier the candidate had declared himself to have the domicile of Balochistan but subsequently he claimed himself to be the subject of State of Jammu and Kashmir---Decision of the Commission was maintained by High Court in Constitutional jurisdiction---Validity---Candidate who was subject of Jammu and Kashmir State, in order to qualify for the grant of concession envisaged by R.4 (ii) (b) of Competitive Examination Rules, 1977, was not required to be a permanent resident of that State or even of Azad Kashmir Territory or the Northern Areas---Such candidate was required only to show that he was subject of Jammu and Kashmir State---On satisfaction of such condition, the candidate had become entitled to the relaxation of upper age limit irrespective of the fact whether he was a resident of Azad Kashmir or the Northern Areas or of any other part of Pakistan---Impression of the Public Service Commission that the candidate, by claiming relaxation of upper age limit as being subject of Jammu and Kashmir State, was changing his place of domicile from the Province of Balochistan to Azad Jammu and Kashmir Territory, was erroneous---Decisions of Federal Public Service Commission and High Court were set aside and the petition for leave to appeal was converted into appeal---Supreme Court declared that the case of the candidate…

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