AJK Public Service Commission (Functions) Rules, 1994

  1. Rule 3 — Certain posts excluded from the purview of the P.S.C. — The posts mentioned in Schedule 1 generally known as discretionary posts, e.g., P.S., P.As., P.R.Os; attached with the President, Prime Minister, Ministers and other high functionaries. Azad Government v. Muhammad Youns Tahir & other 1994 SCR 341 (CC)
  2. Rule 3 — A post falling in rule 3 cannot be taken out of the purview of the Commission without amending the said rules. AJ&K Govt. v. Javed Iqbal Khawaja & another 1996 SCR 40 (Q)
  3. Rule 3(2) — It is evident from this provision that once post has been advertised by the Commission, the administrative Secretary shall not be competent to withdraw the requisition or reduce the number of the posts without the orders of the Government stating reasons therein.Syed Khadim Hussain & 2 others v. Imran Aziz Butt & 6 others 2015 SCR 1528 (A)
  4. Rule 9 — A perusal of Rule, 9 shows that if the requisitioning authority sends the requisition of the additional vacancy to the Public Service Commission before the date of test and interview is fixed, keeping in view the time factor, a fresh advertisement/amendment to the previous advertisement shall be issued and fresh application shall be invited. Held: that if the requisitioning authority sends an additional post then the Public Service Commission is under obligation keeping in view the time factor, if the date of test and interview was not fixed, to amend the previous advertisement. Syed Khadim Hussain & 2 others v. Imran Aziz Butt & 6 others 2015 SCR 1528 (B)
  5. Rules 12(ii) — The service structure in Azad Jammu and Kashmir has been built up on district-wise quota — It is the duty of the department seeking recommendations from P.S.C. to determine the quota of each District on the basis of sanctioned strength of posts available with the department. Tariq Aziz v. Azad Govt. & 3others 2003 SCR 158(A)
  6. The Functions prescribed are referable to S.48 of the Interim Constitution Act — When such a provision is made by the Constitution the functions prescribed by the Act of the Assembly have the same force as functions prescribed by the Constitution itself — If follows that it is in pursuance of the command of the Constitution that the P.S.C. performs the functions assigned to it — It is true that by an Act of the Assembly the functions of the P.S.C. may be changed or enlarged but once they have been entrusted they are to function under the Constitution. Azad Government v. Muhammad Youns Tahir & other 1994 SCR 341 (DD)
  7. The department without determining the quota on the basis of sanctioned strength of posts of lecturer Geography available with it, sent the requisition of one more post on open merit to P.S.C. — The practice is against the policy of Govt. and the P.S.C. Rules. Tariq Aziz v. Azad Govt. & 3others 2003 SCR 158(B)
error: Content is protected !!