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HAROON-UR-RASHID versus AZAD GOVERNMENT


RR 17 and 23 Sapphire Valley Development Board Act, 1989, Sections 16 and 17 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 44 and 49 Appointment Writ Petitions Appointments were made without posting and advertisement. ? Legal result post cannot be filled legally whether it is promoted or otherwise, unless there are rules in this regard, even in the case of posts created for appointment, the rules exist. And without the rules it cannot be said that the appointment was valid. At present there were no rules and regulations set by the Board and all appointments were subject to the formation of positions and the arbitrary exercise of powers by the relevant authority could be substantially eliminated under the recommendation of the Board Rules. Is. In the absence of rules and regulations, advertisements, the formation of the W as well as the increase in publicity of public servants in the matter of appointments, no notice about the appointment was made nor was it published in leading journals. It was presented locally in this constituency, only the applicant's committee examined. And no one else pointed out that the choice was very objective, the circumstances were defeated and it cannot be said that the applicants were selected after a fair competition with the best available candidates and the choice was more than one. There was a choice between the candidates. If no other candidate was asked to appear in the absence of advertising, then the selection committee was deprived of the opportunity to make appointments to the state service in the hands of the public authorities.

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