Law:

Section:

University of Azad Jammu and Kashmir Act------- S. 38---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42 & 44---Civil service---Promotion---Appeal before syndicate of University---Respondent had filed appeal before Syndicate of the University against promotion of the appellant to the post of Superintendent of University, but appeal having not been decided by the Syndicate despite sixteen months had elapsed, respondent filed writ petition before High Court---Validity---Respondents, before filing writ petition had filed appeal before Syndicate according to law, but the same having not been decided despite sixteen months had passed, exercise of Constitutional power of High Court could not be postponed indefinitely ---Order passed by High Court warranting the writ petition did not suffer from any illegality warranting interference of Supreme Court at preliminary stage. Muzaffar Hussain v. Azad Jammu and Kashmir University and others 1999 PLC (C.S.) 239 and Sardar Khizar Hayat Khan v. Vice-­Chancellor and others Civil Appeal No. 28 of 1993 ref. Ghulam Mustafa Mughal, Advocate for Appellant. Sardar Rafique Mahmood Khan, Advocate for Respondent No. 1. Syed Muhammad Siddique Shah Bukhari, Advocate for Respondents Nos.2 and 3. Date of hearing: 9th July, 1998. JUDGMENT BASHARAT AHMAD SHAIKH, J.---This appeal has been filed, 'after obtaining leave of this Court, to call in question an admission order passed by the learned Judge in the High Court on 30th March, 1998 passed in respect of a writ petition titled Naeem Ahmad Khan v. Vice-Chancellor AJ&K University and others. Briefly stated the facts are that the respondent, Naeem Ahmad Khan, felt aggrieved by promotion of the appellant, Syed Waqar Hussain, to the post of a Superintendent in the University of Azad Jammu and Kashmir and filed appeal against his promotion order before the Syndicate on 18th February, 1997. On 5th of June, 1997 the respondent filed a writ petition in the High Court in which he challenged the promotion order and alternatively prayed that the Vice-Chancellor may be directed to place his appeal before the Syndicate. In the writ petition the respondent also brought on…

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