| Case ID |
03969bab-2172-442a-8910-3eb5a28d8a5b |
| Body |
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| Case Number |
W.P. No. 1388 of 2016 |
| Decision Date |
Sep 11, 2017 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the petitioner, Raja Faisal Azad, declaring the appointment of the private respondent as Junior Science Teacher illegal and ordered the Secretary Education Schools to ensure compliance with government notifications. The court emphasized that the appointment process must adhere to established rules and that any violations of these rules cannot be tolerated. The court also noted that the petitioner, being the most senior Primary Teacher, was entitled to promotion based on the seniority list. |
| Summary |
In the case of W.P. No. 1388 of 2016, the High Court of Azad Jammu and Kashmir evaluated the constitutional rights of the petitioner, Raja Faisal Azad, a primary teacher, who challenged the appointment of a private respondent to a Junior Science Teacher position. The court found that the appointment was made in violation of established government notifications and rules, which prioritize seniority and equitable promotion processes. The court reiterated the importance of transparency and adherence to procedural norms within government appointments, emphasizing that any deviation from these principles undermines the integrity of the educational system. The ruling serves as a reminder of the necessity for compliance with established policies to ensure fair and just practices in public service appointments, especially within the education sector. This decision highlights the court's commitment to uphold constitutional rights and enforce accountability within government operations. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT HUSSAIN RAJA
|
| Lawyers |
Raja Jalil Umar,
Raja Muhammad Mushtaq Khan
|
| Petitioners |
RAJA FAISAL AZAD
|
| Respondents |
5 OTHERS,
DIVISIONAL DIRECTOR ELEMENTARY AND SECONDARY EDUCATION SCHOOL (MALE) POONCH
|
| Citations |
2018 SLD 2793,
2018 PLJ 149
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|