Law:

Section:

(a) University of Azad Jammu and Kashmir Service Statutes, 1981 (General Provisions)----------S. 5(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 42 & 44---Writ of quo warranto was filed whereby appointment of respondent in the University was challenged on the ground that respondent being not State Subject was not entitled to be appointed---High Court having dismissed writ of quo warranto, appellant had filed appeal to Supreme Court---Contention of appellant was that no person was eligible for appointment to the service of University by direct recruitment unless he was State Subject Class-I as provided under S.5(a) of University of Azad Jammu and Kashmir Service Statutes, 1981 (General Provisions)---Validity---Preference, no doubt, had been given to State Subject holding requisite qualification under provisions of S.5(2) of University of Azad Jammu and Kashmir Service Statutes, 1981 (General Provisions), but in case candidate possessing required qualifications was not available, said condition could be relaxed---Record did not show that any State Subject candidate having the required qualification had contested for the post---Respondent though was not State Subject, but had the required qualifications---Relaxation, in circumstances was not made against law---No illegality having been found in the appointment of respondent order passed by High Court dismissing petition for writ of qua warranto, was maintained in appeal. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ of quo warranto---Grant of---Conditions---Writ of quo warranto could be granted by High Court upon a petition against a person who claimed and usurped an office, inquiring from him by what authority he claimed or usurped the office---Petitioner invoking jurisdiction of High Court must satisfy that the office in question was a public office and was held by respondent without legal authority---Respondent should be clearly shown to be disqualified to hold office in question---Writ of quo warranto would be issued if it was established to the satisfaction of the Court that holder of office was not legally qualified to hold or to remain…

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