MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court has admitted for regular hearing a writ petition, challenging the repeal of the AJK Recruitment (Through Third Party) Act, 2021, as “unconstitutional and detrimental to transparency and merit in public sector appointments.”
The petition, filed by the AJK High Court Bar Association through senior lawyers Raja Amjad Ali Khan, Raja Sajjad Ahmed Khan and Fayyaz Khan, contends that the now-repealed law had been enacted to establish a fair and competitive recruitment mechanism through independent third-party testing agencies in line with constitutional provisions ensuring equality and protection against discrimination in public employment.
The bar association maintained that the 2021 law was repealed through Act XII of 2023 without introducing any alternative transparent recruitment mechanism, thereby paving the way for nepotism, favoritism and arbitrary appointments in government services, particularly from Basic Pay Scale (BPS) 1 to 15.
The petition argued that the repeal violated fundamental rights enshrined in Articles 4, 8, 15, and 17 of the AJK Interim Constitution, 1974, and was inconsistent with the principles of good governance and the rule of law.
The petitioners requested the court to declare Act XII of 2023 null and void, restore the 2021 Third Party Recruitment Act, and direct the government to include BPS-1 to BPS-15 positions within its scope. They also sought the formulation of rules under the restored Act and a stay on fresh appointments under the current framework until the case is decided.
According to the petitioners, a cabinet committee formed after the change of government in late 2021 had repeatedly recommended retaining the Third Party Recruitment Act in its original form, but the government disregarded these recommendations.
The petition pointed out that departments such as education and police had previously conducted recruitments through the National Testing Service (NTS), which had earned public appreciation. Similar impartial mechanisms, it argued, should be adopted across all departments.
The petition also included a request for ad-interim relief, urging the court to suspend the operation of the repeal act and restrain the government from making any appointments in the disputed grades during the pendency of the case.
Vacation Judge Syed Shahid Bahar, who admitted the petition, sought objections from the respondents on the application for interim relief by or before the next hearing date.
Published in Dawn, July 30th, 2025
