2026 PLP (C (PLC(CS))

CHAUDHARY KHALID RASHEED, J.

The captioned writ petitions have been addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby, appointment orders of private respondents as Moallim ul Quran have been assailed, raise common questions of facts and law, hence, were heard together and are decided through a single Judgment. We have heard the learned counsel for the parties, perused the record of the case with utmost care and caution. STANCE TAKEN BY BOTH THE PARTIES. In view of the proposed conclusion, the facts of the cases and arguments advanced at bar need not to be reiterated suffice it to observed that as per stance taken by the petitioners the appointments of private respondents as Moallim-ul-Quran are anomalous, void ab-initio, based on political intervention and sine observing due process of law, hence, not sustainable whereas according to the version taken by the respondents, petitioners participated in the selection process/interview but when could not attain the required merit position assailed the process, hence, cannot attack the selection process qua they remained part of it sine any objection. COURT OBSERVATION AND RELEVANT LAW: Besides other legal and factual prongs, the learned counsel for petitioners principally persuaded that the whole selection process is anomalous and coram non-judice because the provisions of Rule 4(5) of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 have been violated as the appointing authority (concerned DEO) himself recommended candidates for induction by performing the rank of Chairman Selection Committee. For ready reference Rule 4(5) of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 is reproduced which speaks as under:- "The appointing authority or its representative shall be ex-officio member of the Board making selection." A perusal of record reveals that advertisement for appointment of Moallim-ul-Quran was issued by DEO Male whereas the appointing authority for the posts of Moallima-ul-Quran was DEO (Female) who had never been even advertised the posts. For proper appreciation of the controversy relevant portion of the Azad Jammu and Kashmir Elementary and Secondary Education Department Teaching Cadre Services Rules, (Female), 2022 which regulate the services of Teaching Cadre of Elementary and Secondary Education Department (Female) Azad Jammu and Kashmir and the Azad Jammu and Kashmir Elementary and Secondary Education Department Teaching Cadre Services Rules, (Male), 2022 which regulate the services of Teaching Cadre of Elementary and Secondary Education Department (Male) Azad Jammu and Kashmir is reproduced as under: Sr. # Name of the department Functional Unit Name of the Post with Grade Appointing Authority

25. Elementary and Secondary Education Teaching Moallima-ul-Quran (BPS-1) (Female) DEO concerned Minimum Qualification for appointment Method of Recruitment Age for Initial recruitment Examination / Training and other conditions for confirmation Matric with Sanad Qirat from any Deni Board recognized by HEC By initial recruitment as per col. 06. 18-35

Sr. # Name of the department Functional Unit Name of the Post with Grade Appointing Authority

24. Elementary and Secondary Education Teaching Moallima-ul-Quran (BPS-1) (Female) DEO concerned Minimum Qualification for appointment Method of Recruitment Age for Initial recruitment Examination / Training and other conditions for confirmation Matric with Sanad Qirat from any Deni Board recognized by HEC By initial recruitment as per col. 06. 18-35

So, the selection of Moallima-ul-Quran has not been based on legal foundation because the advertisement was issued by DEO Male for the posts of Moallim-ul-Quran and no post of Moallima-ul-Quran was advertised by DEO Female/appointing authority. In the instant cases the DEO Male also performed as Chairman selection committee and recommended candidates for appointment whereas under Rule 4(5) of the Rules, 1977 he shall be an ex-officio Member of the selection committee, thus, the very constitution of selection committees, recommendations made by such an illegal selection committee and appointments of private respondents on the basis said recommendations are ab-initio void, hence, liable to be set-at-naught. Our this view finds support from an unreported judgment of Hon'ble Supreme Court rendered in Civil Appeal No.33/2025 titled Waseem Khan and others v. Azad Government and others decided on 14.04.2025 which was disposed of in the light of the notification dated 11.04.2025 qua the Azad Government has constituted selection committees for appointments in Govt. departments. The perusal of the said notification reveals that selection committee for the posts of BPS-1 to BPS-4 shall consist of an officer of B-17 from concerned Department as Chairman, Officer B-16 as Member/Secretary committee and representative of the appointing authority of the concerned department as an Ex-officio Member. The relevant portion of the judgment of the Supreme Court is reproduced hereunder:- "Today, the learned Advocate General placed on record a copy of the notification dated 11.04.2025 regarding constitution of the selection Committees. The notification appears to have been issued in consonance with the rules, hence, no further proceeding is required in this appeal which is accordingly disposed of and consigned to record." As stated earlier in the instant cases DEO Male of the concerned district who was the appointing authority for Moallim-ul-Quran B-1 under the Azad Jammu and Kashmir Elementary and Secondary Education Department Teaching Cadre Services Rules, (Male), 2022 acted as Chairman Selection Committee for Moallim-ul-Quran and no one was associated being the representative of appointing authority as an Ex-officio member of section committee as was required by Rule 4(5) of the Rules, 1977, hence, the whole process entails to be collapsed. The learned counsel for petitioners in the Writ Petition No.1184/2024 titled Tahira Naseem and others v. Azad Government and others also placed on record a summary forwarded by Chief Secretary of Azad Jammu and Kashmir to the worthy Prime Minister of the State of Jammu and Kashmir, which also portrays that an inquiry was conducted by the Chief Secretary in which it was found that selection process was liable to be scrutinized, however, due to the pendency of cases before this Court no further proceedings were conducted on the said inquiry report, hence, on this score too, the selection process cannot be declared valid by this Court. Furthermore, though some disabled persons have been appointed but at the time of advertisements of the disputed posts the quota which has been reserved for the disabled persons by the Azad Government has neither calculated nor any post was advertised against the said quota of disabled persons, hence, on this ground too, the whole selection process is not sustainable. During the course of arguments, when the learned AAG and Legal Advisor of the department were confronted with the abovementioned anomaly, they failed to satisfy the Court rather frankly conceded and endorsed that the whole selection process is liable to be smashed, hence, they showed their inability to defend the same. Before parting with the case, it may be stated that this Court reached at the conclusion that it's a serious administrative misconduct in statutory process of execution, which consists of chain of procedural irregularities committed by the concerned authorities in the execution of a legally mandated process, despite clear provisions of law and regulations. We have no doubt keeping in view the whole circumstances that the responsible officers have failed to discharge their duties in lawful and efficient manner, hence the Court finds as follows;

1. The relevant authorities have violated their statutory obligations, despite clear legal guidance.

2. All participating candidates have suffered undue mental distress, amounting the psychological harm which tantamount the breach of trust on the Education Department.

3. Substantial public funds have been wasted due to administrative incompetence.

4. The high officers of Education Department failed to maintain procedural integrity, raising serious concerns regarding institutional accountability and efficiency. Thus in the light of aforesaid observations the court concludes that the failures are systemic and attributable to gross negligence by the responsible officers, hence, for the safe administration of justice which is very purpose of this Court, it is hereby ordered that the Chief Secretary of the Azad Government shall constitute a high level committee in view of the following parameters probe the matter and submit a comprehensive report to this Court within a span of two months;

1. Investigate the administrative failures in detail.

2. Identify the officers responsible for said failures.

3. Responsible officers shall be subjected to exemplary disciplinary action, strictly in accordance with applicable law and rules.

4. The committee's mandate shall also include recommendations for systemic reforms to prevent recurrence of such failures. DISPOSAL: The crux and epitome of the above debate is, the captioned writ petitions are hereby accepted, the whole selection process for appointment of Mohalim-ul-Quran is hereby declared as anomalous, ab-initio-void and coram non-judice, hence, extinguished. The respondents are directed to re-initiate the selection process from inception by summing up the same within a span of three months, under the intimation to this Court through Registrar. SA/35/AJK HC Petitions allowed.