AJK State Subject Rules, 1980

— — rule 2(b), District Magistrate — defined — In accordance with rule 2(b) of Azad Jammu and Kashmir State Subject Rules 1980, the authority i.e. District Magistrate concerned has been authorized for issuance of the State Subject Certificate as well as Domicile Certificate in favour of applicants residing in the territory of Azad Jammu and Kashmir. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (U)
— rule 2(b), Notification No. L-6/9/91-AJK, dated 23.08.1993 — authority to issue state subject certificate for refugees — District Magistrate authorised as Deputy Commissioner Rehabilitation — Held: Having regard the aforesaid state of law, had the Appellant or his father having the status of refugees settled in Pakistan, in that event, the State Subject Certificate must have been issued in their favour by the District Magistrate who was authorized as the Deputy Commissioner Rehabilitation, in accordance with Notification dated 23 rd August 1993. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (W)
— rule 4 — authority to issue state subject and procedure for issuance — District Magistrate to issue state subject certificate — rule 4, provides the procedure for issuance of the State Subject Certificate. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (V)
R. 5 — Definition Notification Note III — Any woman upon her marriage to a state subject acquires the status of state subject — R.5 does not provide that such woman would lose the status if she leaves the State whether during life time of her husband or after his death. President’s Reference No. 1 of 1996 1997 SCR 108 (C)
Rules 6 & 10 — Alternate remedy — Writ — Maintainability of — No doubt the remedy under the State Subject Act/Rules, 1980 is provided under rules 6 & 10 — Similarly, remedy is also provided against the nomination of candidates in professional Colleges under Nomination Board Rules — But it is common observation that appeal before the Government or AJ&K Council cannot be decided expeditiously particularly in the circumstances when the matter relates to nomination in professional Colleges when classes have already been started and time consumed in the pursuing the remedy by way of appeal before the Government or AJ&K Council will affect the career of both the appellants and respondents — Held: The only adequate and efficacious remedy is filing of a writ petition. Waqas Ahmad Baig v. Samara Moin & 9 others 2009 SCR 542 (A) 1998 SCR 387 & 1996 CLC 1551 rel.
— rule 7. AJ&K State Subject Act, 1980, section 5. See Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (E)
Amendment — If necessary amendments are made in the State subject rules it would not create any effect on Kashmir issue — Question of citizenship and nationality are to be determined by the Municipal laws. President’s Reference No. 1 of 1996 1997 SCR 108 (J)
There is no provision in the State Subject laws that a non state subject man shall acquire the status of state subject upon his marriage with state subject woman — A non state subject woman can acquire the status upon her marriage with a state subject. President’s Reference No. 1 of 1996 1997 SCR 108 (G)
The remedy by way of appeal before the Government and AJ&K Council was not an adequate and efficacious remedy — Only adequate remedy is by way of writ petition. Waqas Ahmad Baig v. Samara Moin & 9 others 2009 SCR 542 (B)
— the Supreme Court observed that Rules not comprehensive and require amendments — Direction to Govt. Held: on the basis of aforementioned state of law, we have observed that the Rules for grant of State Subject Certificate and the Domicile framed are not comprehensive. It is essential that the instructions issued by Board of Revenue from time to time and the Notification issued by the Azad Jammu and Kashmir Government should have been incorporated in the Rules known as “Azad Jammu and Kashmir State Subject and Domicile Rules”. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (II)