MUZAFFARABAD:The Azad Jammu and Kashmir Supreme Court has restrained the region’s High Court from proceeding with recruitment for 31 advertised posts.

A division bench, comprising Chief Justice Raja Saeed Akram and Justice Khawaja Nasim, issued the interim order while hearing a petition for leave to appeal (PLA) filed by Taimoor Qayyum, Shahid Saleem Bilali and Aamir Qayyum of Baloch, Haira, and Tararkhal, respectively.

The petition was filed under Article 42(12) of the Interim Constitution, read with Order XIII of the Supreme Court Rules 1978, challenging a High Court order.

The petitioners had initially contested an advertisement published in a local daily on February 15 by theHigh Court registrar, inviting applications for 31 positions — one in B-17 and the rest ranging from B-14 to B-03 — allegedly without specifying the quota distribution among administrative units. However, their petition was dismissed by theHigh Court on March 19.

Petitioners’ counsel Mohammad Waheed Arif argued that the High Court’s decision was arbitrary, perverse and capricious, warranting annulment. He contended that the advertisement ignored the quota system in place since 1972, violating established legal principles.

“If the number of available posts is fewer than the administrative units, selection should be based on open merit. But in this case, the posts exceed the number of units. Despite this, the advertisement disregards this principle, violating multiple court rulings and government circulars,” he maintained.

He further highlighted inconsistencies inqualification requirements, particularly for theOffice Coordinator (B-14) position. While a2020 advertisement had required a BA for junior clerk (B-11) under the National Testing Service (NTS), the February 15 advertisement had lowered the qualification for a B-14 position to Intermediate (FA), contradicting previous government notifications.

The counsel also pointed out that the AJK High Court Establishment Rules 2020 did not recognise the post of office coordinator. The petitioners had requested updated rules, but their plea was dismissed by the high court.

He argued that despite clear violations of government policies on educational qualifications and quota implementation, the high court had refused to halt the recruitment process, forcing the petitioners to seek relief from the apex court.

Seeking the acceptance of the PLA and its conversion into a regular appeal, the counsel urged the court to annul the March 19 high court order and suspend the advertisement.

After hearing the petitioners’ counsel via video link, theSupreme Court bench observed that the case met the legal requirements for an interim injunction.

“The operation of the February 15 advertisement shall remain suspended until further orders. However, this order is subject to objections from the other side. The application will be taken up along with the PLA upon completion,” the bench declared.

Published in Dawn, March 23rd, 2025