MIRPUR (AJK) - Azad Jammu Kashmir High Court accepted a writ petition which challenges the merit list regarding the post lecturer of Chemistry by the AJK Public Service Commission (SCS).
The court directed AJK Public Service Commission to consider the petitioner's merit against the post of Lecturer in Chemistry by excluding the private respondent.
Single bench of the AJK High Court consisting of Justice Azhar Saleem Babar issued the order on the writ petition filed by Masood Iqbal of Tattali Bandala Tehsil, Samahni District Bhimber, Azad Jammu and Kashmir.
A candidate holding dual domicile certificates issued by district authorities of Kasur and Bhimbher district was selected by the AJK PSC as Lecturer in Chemistry for AJK government Education Department, against the quota reserved for Bhimbher District of AJK.
Petitioner Masood Iqbal had made the parties in the case including Azad Government of the State of Jammu & Kashmir through its Chief Secretary, Public Service Commission through its Chairman, Secretary Public Service Commission, Secretary Higher Education (Colleges), AJK government, Director Public Instructions Colleges, Principal of Boys Govt. degree college Samahni, District Bhimber, M Qasim of Gulberg Colony Kasur Pakistan and Deputy Commissioner Bhimber as respondents. The learned court, while hearing the case, ordered that in the light of the submissions, the writ petition is accepted concluding that the PSC shall consider the petitioner's merit against the post by excluding the private respondent.
The learned court said in its order that the epitome of the discussion in the case is that Muhammad Qasim, the respondent was not eligible to apply for the job of lecturer on the basis of the domicile from District Bhimber Azad Kashmir in presence of a valid domicile certificate from District Kasur, Punjab. His eligibility after cancellation of domicile certificate from District Kasur cannot be disputed but at the time of advertisement of the post in question, the respondent was not eligible for the job, it added.
The learned court said in its order "It is evident from record that advertisement no.02/2016 was issued by PSC on 22-02-2016 and the last date for submission of application was mentioned as 31-03-2016 therein. At the time of advertisement the respondent Muhammad Qasim was having two domicile certificates. A Certificate of Domicile in favour of Muhammad Qasim was issued by District Magistrate Kasur on 16-06-2001, which was cancelled on request of respondent on 02-03-2017. A Domicile Certificate looks to have been issued in favour of Muhammad Qasim respondent by District Magistrate Bhmiber on 30-03-2010. Obviously, the respondent had two Domicile Certificates from different places for a long time. The respondent has contended that certificate of domicile in his favour issued from district Kasur in the year 2001, when he was minor. The respondent further averred that he never used Domicile Certificate of Punjab for any purpose. The version of the respondent is not true, in the view of attached documents. It appears that contesting respondent applied for one of the four posts of demonstrator BS-16 advertised by FPSC."
"A downloaded copy from official website of FPSC has been attached with the writ petition, which shows that Muhammad Qasim respondent applied for the job against Domicile of Punjab. This document has not been denied by the respondent rather he has claimed that the documents do not indicate his domicile from District Kasur. A press release issued by FPSC on 19-05-2016 has also been provided by the petitioner, which shows that the respondent has been selected for the job of demonstrator on merit against the Domicile of Punjab. The contesting respondent even married on 26-02-2017 and mentioned his residence as House No.619/C Gulberg Colony Kasur. The deed of Nikah looks to have been registered on 04-03-2017. How can the contesting respondent refuse to be a resident and Domicile of District Kasur, in such circumstances. It is explained that the respondent's father obtained Domicile Certificate from District Kasur when the respondent was a minor. It has also been mentioned that the private respondent applied for job of Demonstrator advertised by FPSC against quota of Punjab. The respondent never mentioned his residence or Domicile in District Bhimber in his application to FPSC .Conduct of the respondent, therefore, indicates that he has been trying to obtain job on the basis of his Domicile Certificate of district Kasur, Punjab as well as Domicile of District Bhimber, Azad Kashmir. Epitome of the above discussion is that Muhammad Qasim, the respondent was not eligible to apply for the job of lecturer on the basis of the Domicile from District Bhimber Azad Kashmir in presence of a valid Domicile Certificate from District Kasur, Punjab, Pakistan. His eligibility after cancellation of domicile certificate from District Kashmir cannot be disputed but at the time of advertisement of the post in question, the respondent was not eligible for the job," the learned court concluded.
Syed Nazir Hussain Shah Kazmi, Advocate appeared as Counsel for petitioner. Whereas Barrister Humayun Nawaz Khan, Advocate appeared for respondent Muhammad Qasim besides representatives of behalf of Higher Education Department.
