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SYEDA SABEEN NAZ versus PRIME MINISTER, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR


The R9 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), the section 44 writ petition was advertised in the Civil Service Department Officers (BPS 17) Services and General Administration Department, in written test and interview positions in 2009. ? From January 10 to 13, 2011, the Service Commission, in which applicants qualified against one of the two positions assigned to the quota of the district, had 16 additional vacancies (two of which were allocated to the district). According to a letter sent by the department, the Commission should not issue any amended advertisement by the Commission in 2010, prior to the completion of the previous selection process, which includes a previous request that the election process be held in all positions At the same time, the available letters were restrained, which deprived the applicant of his legal right against the post. According to 9 of the Azad Jammu and Kashmir Public Service Commissioner (9), the procedure for the accuracy of the District (Rules, 1994), the Commission may, on 28th May, 2010, receive a request after the test or interview scheduled for the Commission for the former advertisement letters. Upon receipt of information regarding additional vacancies prior to the date the fresh / edited ad was obliged to release (ie long before the exam date) and scheduled the post for the ad positions prior to that) Did not follow the procedure if two positions were secured by the requisites for the district, then the applicant was successful. Uta Court accepted the writ petition with the Commission recommended that the application directed against the applicant. On the basis of such recommendations the positions of the Government withholding their appointment

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