Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------S.42(12)---Civil service---Petitioner being candidate for vacant post of Lecturer, in response to advertisement appeared in the test and interview which were conducted by the Public Service Commission---Petitioner contended that all the members of the Service Commission awarded marks to him, but his result was not notified by the Public Service Commission on the ground that he could not produce original degree which according to the petitioner was not a condition precedent at the time of interview---High Court summoned the relevant record to determine as to whether marks were actually awarded by Members of Public Service Commission to petitioner as claimed by petitioner---High Court found that even though certain marks were given to petitioner, but same were cancelled in such a manner that those could not be read and High Court dismissed writ petition ---Validity--­Application was moved by petitioner before the Supreme Court seeking stay order against the Public Service Commission to the effect that it should not conduct fresh test and interview as the petitioner was included among candidates who had passed the test---Public Service Commission in the interview, though had awarded marks to the petitioner but on the excuse that he failed to produce original degree at the time of interview, marks so granted were cancelled in such a manner that except marks of Chairman of Public Service Commission, remaining marks granted by other Members of Commission were not legible---Petitioner could not be said to have actually passed the examination---Prayer of petitioner to the effect that he in fact had passed the examination thus could not be allowed and that a direction, however, should have been issued by the High Court to the Public Service Commission to notify the petitioner as such, and recommend him for his induction as Lecturer against the vacant post was repelled---High Court had rightly directed the Pubic Service Commission to conduct fresh interview of the petitioner and in case he qualified, he could be recommended for his appointment as Lecturer against vacant post--­Petitions for leave to…

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