| Case ID |
22bf6f79-21ce-4ef6-8611-5b10b63b96fc |
| Body |
View case body. Login to View |
| Case Number |
W.P. Nos. 608 and 596 of 2019 |
| Decision Date |
Feb 16, 2023 |
| Hearing Date |
Feb 16, 2023 |
| Decision |
The writ petitions were accepted, and the impugned advertisement dated 27.03.2019 was set aside due to non-compliance with the relevant departmental rules. The court emphasized that only the appointing authority, which is an officer of BPS-17, has the authority to advertise the posts of BPS-1. The court directed the respondents to re-advertise the posts in compliance with the law, ensuring procedural fairness and restoring public confidence in the institutions. |
| Summary |
In the landmark case of W.P. Nos. 608 and 596 of 2019, decided by the High Court (AJ&K) on February 16, 2023, the court addressed critical issues surrounding the authority to issue job advertisements within the educational sector of Azad Jammu and Kashmir. The petitioners, led by ADNAN SIDDIQUE, challenged an advertisement published by the Director Public Instruction, who lacked the authority to do so as per the departmental rules outlined in the Azad Jammu and Kashmir Interim Constitution Act, 1974. The court ruled that adherence to the proper procedures is a fundamental principle in maintaining public trust in governmental processes. The decision reinforces the importance of lawful authority in administrative actions, ensuring that only designated officials can make such announcements. This case serves as a precedent for future disputes regarding employment processes in governmental institutions, highlighting keywords like 'procedural fairness', 'government employment law', and 'job advertisement authority'. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Syed Shahid Bahar, J.
|
| Lawyers |
Raja Gul Majeed Khan,
Raja Hamid Javed,
Raja Nasir Latif Khan
|
| Petitioners |
ADNAN SIDDIQUE and others
|
| Respondents |
DIRECTOR PUBLIC INSTRUCTION (DPI) COLLEGES AZAD GOVT. OF STATE OF J&K and others
|
| Citations |
2023 SLD 5847,
2023 PLJ 143
|
| Other Citations |
2020 CLC 1945,
2014 SCR 382,
2004 SCR 378,
2008 SCMR 1148,
2013 MLD 1675
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|