Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---   ----S. 44---Writ petition---Civil service---Appointment---District Education, Officer issued an advertisement for appointment of Primary Teachers---Three posts were for Union Council N and two were for Union Council B---Petitioner who competed against the posts/quota of Union Council `N, after test and interview was placed at serial No.3 of the merit list---Petitioner was to be appointed against the vacant post of Union Council but the department filled in said third post through transfer by transferring respondent . and appointed the petitioner in school in Union Council `B---Appointment of the petitioner in Union Council `B was vacated vide on the ground that she could not be appointed in another Union Council---High Court had already vacated the appointment of the petitioner on the ground that she had been appointed in another Union Council---Department had filled in the 3rd post through transfer which was advertised for Union Council N---Such action of the department was totally illegal and mala fide---If the department wanted to accommodate some one else it could do so after appointment of the petitioner therein---Where appointment was set aside on technical grounds, the merit position obtained by the candidate would still remain intact and she should have been appointed on availability of the post---Authority in such like cases had jurisdiction to undo the wrong---Party should not be made to suffer for action or inaction of the authority who was obliged to follow the law and responsible for taking an appropriate action---Action of the department was not only arbitrary and against the law, but also militated against the good governance---Petitioner had suffered for the failure of the authorities to perform their duty in accordance with law and had deprived the petitioner from her lawful adjustment in her native Union Council---Petition was accepted with costs and it was ordered that the petitioner should be appointed on the third post of Union Council N as was advertised.   Mst. Naziran Bibi v. Director-General Health and 2 others 2001 PLC (C.S.) 400; Sardar Asif Mehmood Raza v.…

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