MAHMOOD AKHTAR versus SYED HASSAN MUJTABA JAFFRI
Section 5 (2) of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Articles 42 and 44, were written quarter warrants whereby the appointment of the defendants at the University was challenged on the ground that the defendants were not subject to the State. Not entitled. Appointment of High Court, which quashed the warrant writ, Appellant filed appeal in Supreme Court Appellant's position was that no person was eligible for appointment to the University through direct recruitment. Unless it is a Class I State Statute provided under Section 5 (a). Priority to the accuracy of the Jammu and Kashmir Service Constitution, 1981 (General Provisions), no doubt, the subject of section 5 (2) of the Azad Jammu and Kashmir Service Constitution 1981 was given the required qualification. (General provisions), but if the candidate with the required qualifications is not available, the said condition can be relaxed The record does not show that any state candidate with the required qualification had contested for the post. There was no state article, but the required qualification was relaxed, the circumstances were not made against the law, approved by the High Court. Nothing illegal was found in respondent's order appointment. The appeal was upheld
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