Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---.--- ---.----Ss. 42 & 44---.---Administration of justice---.---High Court decided writ petition filed by appellants on merits when appellants or their counsel was not present before High Court---.---Validity---.---When appellant or their counsel was not present before the High Court, it was enjoined upon the High Court to dismiss writ petition for default of appearance, but Court had wrongly dismissed writ petition on merits holding that it was not a fit case for admission---.---High Court had failed to consider settled principle of law that "where two provisions could be applied then the less stringent provision should be applied"---.---Order of High Court regarding dismissal of writ petition was set aside, by the Supreme Court with the result that writ petition stood restored for regular hearing and case was remanded to High Court, for decision in accordance with law. Sattar Muhammad Raja v. Anwarullah Khan 1985 CLC 1550; Ali Afsar Khan v. Raza Muhammad Khan and another 1983 CLC 1872 and Alif Din v. Fazal Din and others PLD 1963 AJ&K 11 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF JUSTICE ---.--- This appeal with the leave to Court is directed against the judgment of the High Court dated 30-9-2005, whereby the writ petition filed by the appellants herein was dismissed in limine. 2. The succinct facts forming the background of the instant appeal are that a post of Librarian B-16 was advertised by the Public Service Commission. The appellants being qualified applied for the same. The interview was conducted by the respondents but the result was not announced. Through a writ petition it was craved that the respondents may be directed to declare the result. The parawise comments were filed by the Public Service Commission. The learned Judge of the High Court dismissed the writ petition in limine vide order dated September, 30, 2005 without hearing the appellants. Now this order has been challenged through the instant appeal. 3. No one appeared on behalf of the respondents, therefore, ex parte proceeding was ordered against them' and ex parte arguments have been…

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