- Writ — contention that at the time of requisition the posts were withheld — held: all the posts which are vacant at the time of sending requisition, shall be requisitioned to PSC and advertised accordingly. If any clear vacancy was available at the time of requisition and it was withheld by the authorities with ‘malafide’ intention, it is not permissible and withholding of such post is without lawful authority but the post which is subsequently created or the post against which the adhoc appointment has been made in lien or for any other such reasons, it cannot be said that such vacancy was a clear vacancy. Azad Govt. & 2 others v. Muhammad Qadir Javid and another 2014 SCR 479 (C) PLJ 2013 SC (AJ&K) 83 rel.
- —Writ—Certification given by Principal of the College— High Court accepted writ petition on the certificate of the Principal of College that post was held by an ad-hoc lecturer—Validity of such verification and certification made by Principal—Held: the principal of Government Boys Degree College Dhirkot was not legally authorized to issue such like certificate/verification because such authority lies with the Secretary of the relevant department. The High Court could not issue direction for appointment on the basis of such like verification, which itself is absurd and unauthorized. Azad Govt. & others v. Muhammad Idress & others 2022 SCR 1023 (A) 2019 SCR 442 rel.
- — Writ — certification issued by Principal — legality of — in writ, the respondent in support of his claim, regarding withholding of posts, produced certification issued by Principal of institution — High Court issued writ while relying upon such certification — held: certificate given by Principal is not admissible because he is not legally authorized to issue such like certificate/verification. Sec. Dept. of Higher Education & another vs Nadeem Hussain & another 2024 SCR 292 (C&D)
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