| Case ID |
e13438a4-104b-4344-b263-371bfe4eaa06 |
| Body |
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| Case Number |
C.R. No. 9 of 2023 |
| Decision Date |
Feb 27, 2023 |
| Hearing Date |
Mar 09, 2023 |
| Decision |
The review petition filed by the petitioner was dismissed due to lack of substantive grounds for review. The court reiterated that points resolved cannot be reopened unless there is a mistake apparent on the face of the record. The petitioner argued that the appointment of Respondent No. 6 violated the 20% promotion quota, but the court found that the issues raised did not satisfy the criteria for review, emphasizing that the review process is not to be equated with an appeal. The court's previous ruling was upheld, confirming the decision that the appointment was valid under the prevailing laws and regulations. |
| Summary |
In the case of Shujahat Hussain Kazmi vs. Director General Health, the High Court of Azad Jammu and Kashmir addressed a review petition concerning the appointment of a Junior Clerk. The petitioner, who had previously been appointed as a Lab Attendant, claimed that his rights were violated when the appointment was made under a promotion quota that he believed entitled him to the position. The court carefully examined the arguments presented by the petitioner’s counsel, Ch. Muhammad Kaleem Afsar, but ultimately found that the review petition lacked merit. The court highlighted the stringent standards for reviewing its own judgments, stating that unless there is a clear error in the record, decisions should not be revisited. This case underscores the importance of adhering to established legal principles and the limitations of the review process in judicial proceedings. It also emphasizes the need for clarity in appointment procedures within government entities, reinforcing the legal framework that governs such decisions, particularly under the Azad Jammu and Kashmir Interim Constitution Act, 1974. The court's decision serves as a precedent for similar cases involving employment disputes and administrative appointments in the region. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Government of the State of Jammu and Kashmir
|
| Judges |
Raza Ali Khan,
Muhammad Younas Tahir
|
| Lawyers |
Ch. Muhammad Kaleem Afsar
|
| Petitioners |
SHUJAHAT HUSSAIN KAZMI
|
| Respondents |
,
DIRECTOR GENERAL HEALTH, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR MUZAFFARABAD
|
| Citations |
2023 SLD 7127,
2023 PLJ 174
|
| Other Citations |
Aurangzeb vs. Muhammad Zia Khan 2 others [2016 SCR 96]
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42(10),
42(d)
|