| Case ID |
f5eb09ef-5731-4b85-b285-a2ae61877fd5 |
| Body |
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| Case Number |
Civil Appeal No. 158 of 1999 |
| Decision Date |
Mar 08, 2000 |
| Hearing Date |
Feb 02, 2000 |
| Decision |
The Supreme Court dismissed the appeal of Pervaiz Akhtar on the grounds that the cancellation of his domicile certificate from Kasur, Punjab, which was based on misrepresentation, meant he could not prove his status as a Jammu and Kashmir refugee settled in Pakistan. The court held that without the domicile certificate, which was a critical requirement for the Public Service Commission, there was no basis for the appellant's claim to be considered for the position he sought. The court found that the evidence presented did not support the appellant's claims, and thus, he was not entitled to the relief he sought. |
| Summary |
In the landmark case of Civil Appeal No. 158 of 1999, the Supreme Court of Azad Jammu and Kashmir addressed the crucial issue of domicile certificates in the context of civil service appointments. The case revolved around Pervaiz Akhtar, who claimed to be a Jammu and Kashmir refugee settled in Pakistan and sought a position in the Law Department. The court examined the validity of his domicile certificate from Kasur, Punjab, which was found to be based on misrepresentation. This case underscores the importance of accurate and truthful representation of domicile status in public service applications. The decision reiterates that candidates must provide valid proof of their domicile to be eligible for appointments reserved for specific categories, such as refugees. The ruling also highlights the legal interpretation of what constitutes an aggrieved person in the context of writ petitions, emphasizing that the absence of a legitimate claim to domicile disqualifies a candidate from challenging the appointment of others. This case is significant for its implications on administrative law and public service regulations in the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Basharat Ahmad Shaikh,
Muhammad Yunas Sarakhvi
|
| Lawyers |
Abdul Rashid Abbasi,
Kh. Shahad Ahmad
|
| Petitioners |
Pervaiz Akhtar
|
| Respondents |
3 others,
Shaikh Rashid Majeed
|
| Citations |
2002 SLD 1959 = 2002 PLC 1425
|
| Other Citations |
Syed Shaukat Hussain Gillani v. Abdul Rehman Abbasi and others 1992 SCMR 369 = 1992 PLC (C.S.) 438
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
S.44
|