| Case ID |
42d13a8d-9fb4-47cb-9fa4-dc03593cbefc |
| Body |
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| Case Number |
Writ Petition No.231 of 2006 |
| Decision Date |
Apr 11, 2012 |
| Hearing Date |
|
| Decision |
The petitioners' request for regularization of their positions as Computer Instructors was denied based on procedural irregularities. The court noted that the petitioners were appointed on an ad hoc basis and emphasized the necessity of following proper recruitment procedures as outlined in relevant laws and rules. The court also highlighted that ad hoc appointments do not confer rights for permanent positions without due process, including advertisement and merit-based selection through the Public Service Commission. The court dismissed the writ petition and recalled any stay orders that had been previously issued. |
| Summary |
In the case of Mudassar Manzoor Qureshi and others vs. Azad Jammu and Kashmir Government, the High Court addressed issues surrounding the ad hoc appointments of Computer Instructors. The petitioners sought permanent positions after being appointed on a contractual basis. The court ruled that the petitioners failed to demonstrate any formal defects in their original writ petition, and their application to withdraw the petition was deemed mala fide. The court emphasized that appointments must adhere to the established statutory rules to ensure transparency and meritocracy. This case underscores the importance of following legal protocols in public service appointments, particularly in the context of ad hoc arrangements, and reinforces the principle that such appointments do not create an entitlement to permanent roles. The decision serves as a critical reference for similar cases involving public sector employment in Azad Jammu and Kashmir, highlighting the need for regulatory compliance and fairness in recruitment processes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
M. Tabassum Aftab Alvi, J
|
| Lawyers |
Muhammad Rafiq Kiyani,
Sadaqat Hussain Raja,
Saqib Javed
|
| Petitioners |
Mudassar Manzoor Qureshi and 19 others
|
| Respondents |
Azad Jammu and Kashmir Government through Secretary Education and 3 others
|
| Citations |
2013 SLD 1783,
2013 PLC 171
|
| Other Citations |
Dr. Naveeda Tofail and others v. Government of Punjab and others 2003 SCMR 291,
Secondary (Schools) Government of Punjab Education Department v. Yasmeen Bano 2010 SCMR 739,
Irshad Ahmed and 16 others v. Secretary M/o Education Writ Petition No.2010 of 2006 on 2-4-2008,
Muhammad Anwar Khan v. Azad Government and others Writ Petition No.10 of 2011 on 6-6-2002,
2012 PLC (C.S.) 1456,
Muhammad Bilal Khan's case 2010 PLC (C.S.) 1060,
Mst. Tanveer Ashraf and 25 others v. Azad Government Jammu and Kashmir and 2 others 2012 PLC (C.S.) 524,
Mst. Tanveer Ashraf and 25 others v. Azad Jammu and Kashmir Government and 2 others 2011 SCR 528,
Hussain Khan and 57 others v. Azad Government and 9 others dated 18-11-2011,
Azad Jammu and Kashmir Government and others v. Muhammad Younas Tahir and others 1994 CLC 2339,
Sheikh Manzoor Ahmed v. Azad Government and others 1995 PLC (C.S.) 59
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Civil Servants Act (VI of 1976)
|
| Sections |
O. XXIII, R.1,
S. 44,
Ss. 4 & 23
|