MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Thursday declared the repeal of a law ensuring third-party recruitment on merit as unconstitutional and directed the government to ensure merit-based appointments in all departments through third-party testing agencies.

Announcing a consolidated judgment on two identical writ petitions, Justice Sardar Muhammad Ejaz struck down the Azad Jammu and Kashmir Recruitment (Through Third Party) (Repeal) Act, 2023 (Act XII of 2023), holding that the reason cited for its enactment — alleged delays in the recruitment process — was neither justified nor sufficient to override constitutional safeguards of transparency and merit.

The first petition was filed on July 26 by the president and secretary general of the AJK High Court Bar Association, while the second was filed nearly three weeks later by six civil society activists.

The petitioners had argued that the 2021 law (Act X of 2021) had introduced an impartial and competitive system of recruitment for posts of BPS-7 and above through independent testing organisations. They maintained that the subsequent repeal of the law by the 2023 Act was arbitrary, discriminatory, and contrary to the spirit of the AJK Interim Constitution, 1974.

After examining the legislative history, the judge noted that a committee formed by the AJK government in 2021 had itself recommended retaining the Third Party Act in its original form to ensure fair selection. However, the cabinet later approved the repeal of the Act without meaningful deliberation, the court noted.

He observed that the Third Party Recruitment Act, 2021 had been promulgated in line with constitutional principles of equality, transparency, and merit, as well as Islamic injunctions requiring that “the best of men for employment is one who is strong and trustworthy.”

Justice Ejazheldthat under the Constitution, every State Subject had the right to compete for public service appointments based on merit, without discrimination. He further held that the repeal law violated fundamental rights and the constitutional command to ensure merit-based governance.

Citing the principle of trichotomy of powers, he stressed that while the legislature could enact laws for public welfare, it could not introduce provisions inconsistent with the Constitution or fundamental rights.

“The wisdom of the legislature behind Act X of 2021 was to uphold merit-based recruitment in accordance with constitutional and Islamic principles,” he maintained.

Justice Ejaz also referenced the successful implementation of third-party recruitment systems such as the National Testing Service (NTS) in various public institutions, noting that these mechanisms enhanced transparency and efficiency while minimising political interference.

“The sole reason cited for repealing Act X of 2021 — that it caused delays in recruitment — cannot be accepted as sufficient justification to abolish a fair and transparent system,” he ruled.

Restoring The Azad Jammu and Kashmir Recruitment (Through Third Party) Act, 2021 with immediate effect, he directed the government to frame the required rules under Section 5 of the Act to operationalise third-party recruitment for all BPS-7 and above posts in government departments and corporations.

He also directed the court staff to send copies of the judgment to the relevant authorities for immediate compliance.

Advocates Raja Sajjad Ahmed Khan, K.D. Khan, Khawaja Muhammad Akbar, Saqib Javaid, and Raja Amir Sharif appeared for the petitioners in both petitions, while Additional Advocate General Faisal Gillani represented the official respondents.

The AJK Assembly, Law Department, and Government Printing Press were represented by their respective legal advisors.

Published in Dawn, October 31st, 2025