- A ‘refugee’ can be termed as a person who leaves his ordinary place of abode under application in the quota of “refugees” the Mangla Dam Displaced State Subjects settled in Pakistan be treated with the status of “refugees” — High Court dismissed writ petition filed by appellant — Whether the State Subjects of Jammu and Kashmir, who had permanently settled in Pakistan either being Mangla Dam displaced persons or for some other reasons by compulsion could be treated as “refugees settled in Pakistan” for the purpose of eligibility for appointment in the service of AJ&K against the quota reserved for refugees settled in Pakistan? — Legal question of public importance in Supreme Court — Notification — Rule of interpretation — In such circumstances, the principles of beneficial construction of interpretation of statutes have to be applied — Appellant since his birth all along remained settled in District Sargodha — Appellant was permanent domicile of said district, but he was deprived of right of service due to referred notifications — It is the duty of the State to provide equal protection of service rights to the category of Mangla Dam displaced persons settled in Pakistan or any other category of State Subjects hailing from AJ&K Territory settled in Pakistan, who were compelled to migrate — Of course, it would not include the category of the State Subjects, who had voluntarily migrated from AJ&K to Pakistan for the purpose of business, service or any other cause because their domicile was intact — Held: F.R. No. 15 of appellant and other State subjects, who were compelled to migrate and permanently settled in Pakistan, had been violated by the Government by issuing referred notifications — Suitable amendment was required to be made by the government in referred notifications — Appellant was entitled to similar treatment for his some rights as guaranteed under F.R. No. 15 to other State subjects — Supreme Court directed the Government to immediately provide a mechanism while making arrangements for equal protection of rights including the right of service and admission in professional Colleges/Universities of AJ&K and Pakistan for the category of State Subjects, who was displaced due to construction of Mangla Dam or any other national cause and settled in Pakistan — Further directed, if appellant fell in merit position after interview, the PSC would send recommendation for his appointment against the seat reserved for the category he is placed — Order accordingly. [It is the duty of the State to provide equal protection of service rights to the category of Mangla Dam displaced persons settled in Pakistan or any other category of State subjects hailing from AJ&K territory settled in Pakistan, who were compelled to migrate.] Imran Ali v. PSC, AJK through its Secretary, Civil Secretariat, Chatter, Muzaffarabad 2013 SCR 795 (C)
error: Content is protected !!