| Case ID |
14a5b857-c493-4c7f-a089-f60edc00b198 |
| Body |
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| Case Number |
W.P. No. 532 of 2020 |
| Decision Date |
Dec 11, 2023 |
| Hearing Date |
Dec 11, 2023 |
| Decision |
The writ petition filed by the petitioner, TAHIR MEHBOOB GILANI, was dismissed on grounds of maintainability. The petitioner claimed that he was not appointed to the advertised posts of Lecturer in English despite being on the waiting list. The court held that since the petitioner participated in the selection process and failed to achieve the desired result, he could not challenge the selection process. Additionally, it was noted that the petitioner himself admitted that four posts were advertised and filled accordingly, and he was not an aggrieved person in the eyes of law as the posts were duly advertised and filled. The court emphasized that the validity of the waiting list expired six months after the advertisement and that the petitioner did not challenge the advertisement itself, thus rendering the petition untenable. The court concluded that the petition was devoid of merit and dismissed it without costs, while also directing that if any posts become available, they should be advertised as per the law. |
| Summary |
In the case of W.P. No. 532 of 2020, the petitioner, TAHIR MEHBOOB GILANI, challenged the decision of the Azad Jammu and Kashmir Public Service Commission regarding the recruitment for the post of Lecturer in English. The case revolved around the interpretation of the Azad Jammu and Kashmir Interim Constitution Act, 1974, particularly Article 44, which governs appointments made by the Public Service Commission. The petitioner argued that he was unfairly denied the position despite being on the waiting list. However, the High Court found that the petitioner had participated in the selection process and his claims were not substantiated by evidence of wrongful withholding of posts. The court reinforced the principle that vacancies must be advertised and filled in accordance with legal provisions, and that participation in the selection process without success does not provide grounds for a legal challenge. The final ruling dismissed the petition, highlighting the importance of adherence to lawful recruitment processes and the necessity for vacancies to exist prior to advertising. This case underscores critical aspects of administrative law and public service recruitment in Azad Jammu and Kashmir. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Public Service Commission,
GOVERNMENT OF AZAD JAMMU AND KASHMIR
|
| Judges |
Sadaqat Hussain Raja, C.J.
|
| Lawyers |
Raja Jahangir Akram,
Mr. Noshaba Iqbal,
Ch. Mohammad Manzoor,
Alia Abdul Rehman
|
| Petitioners |
TAHIR MEHBOOB GILANI
|
| Respondents |
GOVERNMENT OF AZAD JAMMU AND KASHMIR through Chief Secretary Muzaffarabad and 5 others
|
| Citations |
2024 SLD 3720,
2024 PLJ 34
|
| Other Citations |
2016 SCR 15
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|