| Case ID |
67a987e4-05a5-44cd-a741-a2e83e5fde82 |
| Body |
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| Case Number |
Civil Appeal No. 66 of 1995 |
| Decision Date |
Apr 17, 1996 |
| Hearing Date |
Mar 13, 1996 |
| Decision |
The Supreme Court of Azad Jammu and Kashmir dismissed the appeal filed by Dr. Mehmood Hussain Kiani against the decision of the High Court, which had previously dismissed his writ petition seeking induction into the Health Department as a Medical Officer. The Court upheld that the appellant, despite being qualified, ranked much lower on the merit list and could not be appointed as the merit list had been exhausted. The Court emphasized that ad hoc appointments made by the government were in violation of the established rules and directed that future appointments must adhere strictly to the relevant laws to avoid perpetuating injustice against qualified candidates without political backing. |
| Summary |
In the case of Civil Appeal No. 66 of 1995, Dr. Mehmood Hussain Kiani challenged the decision of the Azad Jammu and Kashmir Government regarding his non-appointment as a Medical Officer despite his success in the Public Service Commission's test. The Supreme Court analyzed the merit list prepared in 1990 and noted that the appellant was significantly lower in ranking compared to others who were appointed. The Court reiterated the importance of following proper procedures in public service appointments and highlighted the illegal nature of ad hoc appointments that contradicted statutory provisions. This case sheds light on the legal framework governing public service appointments in Azad Jammu and Kashmir and underscores the necessity for compliance with merit-based recruitment rules to ensure fairness and equity in public service. The ruling serves as a precedent for future cases concerning public service appointments and reinforces the principle that government discretion must be exercised within the bounds of relevant laws and regulations. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
MUHAMMAD YUNUS SURAKHVI, J
|
| Lawyers |
Sardar Rafique Mahmood Khan,
Ch. Muhammad Yousaf,
Kh. Shahad Ahmad,
M. Tabassum Aftab Alvi,
Sh. Abdul Aziz,
Shiraz Kiani
|
| Petitioners |
Dr. MEHMOOD HUSSAIN KIANI
|
| Respondents |
AZAD GOVERNMENT through Chief Secretary, Azad Jammu and Kashmir Government, Muzaffarabad and 25 others
|
| Citations |
1996 SLD 720,
1996 PLC 912
|
| Other Citations |
Raja Muhammad Ayyaz Khan v. Azad Government and another 1995 SCR 281 rel.
|
| Laws Involved |
Azad Jammu and Kashmir Public Service Commission Procedure Rules, 1994,
Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
R. 13,
R. 23,
S. 42
|