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DIRECTOR-GENERAL, HEALTH SERVICES versus MUHAMMAD TARIQ AZIZ


Azad Jammu and Kashmir Civil Servants (Appointment and Terms of Service) Rules 1977 R 17 Civil Procedure Code (v. 1908), Sections 35 and 35 of the Azad Jammu and Kashmir Interim Constitution Act (VIII 1974), Sections 42 and 44. The Applicant challenged the Appointment Order of the Procurators Respondent approved by the Authority High Court in its writ petition stating that the contentious appointments were made without legal authority, the High Court finding was based on three grounds. Firstly, the dissemination of the controversial posts was not done in accordance with the requirement of RJ17 of the Azad Jammu and Kashmir Civil Servant (Appointment for Deployment Conditions). Secondly, there was no legal way of recommending the selection committee as the selection committee had to select the candidates who filed the applications in response to the advertisement. Thirdly, it was stated that the appointment was made in favor of those who did not reject the claim through the counter affidavit, the Pharma Respondent's appointment order was revoked. Under which the High Court ordered the applicant to pay Rs. 10,000, which was earlier challenged in the appeal. Holding Supreme Court: The order passed by the authorities to be completely unacceptable and unreasonable, the High Court rightly passed the order to impose costs on the respondents which could be approved in a viable manner. The Supreme Court cannot interfere with the appeal later.

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