Law: Azad Jammu and Kashmir Civil Servants Act, (VI of 1976)

Section: 22

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--------S.22---Alad Jammu and Kashmir, Civil Servants (Appointment and Conditions of Service) Rules, 1977, R.24---Azad Jammu and Kashmir Public Service Commission (Procedure) Rules, 1994, RA --- Azad Jammu and Kashmir Judicial Service Rules, 1999, RA ---Azad Jammu and Kashmir Public Service Commission Act, 1986, S.7---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition--� Appointment on post of Civil Judge---Relaxation of minimum qualification---Candidate in response to the advertisement issued by Public Service Commission whereby applications for various posts, including posts of Civil Judges, were invited, applied for the poet of Civil Judge---Candidate lacked two years' requisite legal practice and he was directed to produce a certificate to that effect from the Competent Authority/Bar Council, flailing which he would not be allowed to participate in the examination---Application of candidate for relaxation of prescribed qualification of two years' legal practice, was accepted by the Government, but his appeal against the other requirement whereby he was asked to produce certificate from the Bar Council, was rejected by Public Service Commission---Candidate, however, was allowed the test, provisionally to appear in the lest and he having been declared successful, was selected for the post of Civil Judge---Opposing candidate challenged process of selection of the candidate alleging that such relaxation and selection of candidate was without jurisdiction and ultra vires of S.22 of Azad Jammu and Kashmir Civil Servants Act, 1976 and Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 and other rules---Validity---Candidate was a Law Graduate and had his pleadership licence and on basis thereof had claimed experience of his legal practice which was not up to the prescribed standard as at time of filing application for appointment he had experience of legal practice of only eight months--Candidate had contended that he being holder of L.L.M. qualification was exempt from apprenticeship like an ex-judicial officer---Contention…