' M. Tabassum Aftab Alvi, J.--The supra titled writ petitions have been addressed under Section 44 of the Azad Jammu & Kashmir Interim Constitution Act, 1974.
2. As common questions of facts and law are involved in the instant writ petitions, therefore, we proposed to decide the same through this single judgment.
3. The precise facts culminating into filing of Writ Petition No, 1577/2014 are that petitioner is a member of legal fraternity and believes in the supremacy of law. It is averred that Azad Government of the State of Jammu & Kashmir with the view to provide equal opportunities in services to all the state subjects has introduced quota system, which has been adhered to in all institutions/departments of the Government, Semi Government and autonomous bodies. It is maintained that in recent past the Azad Jammu & Kashmir Government has established three universities known as "University of Poonch Ravlakot Women University Azad Jammu & Kashmir Bagh, the Mirpur University of Science & Technology and three Medical Colleges at Muzaffarabad, Rawalakot and Mirpur respectively. It is stated that purpose and object for establishment of Women University, is to provide quality education to women of Azad Jammu & Kashmir in an institution where they may complete their education in. a friendly atmosphere where all staff consists of qualified women. It is alleged that impugned advertisement dated 01.02.2015, through which applications are invited from male candidates is against the purpose and object of establishment of the aforesaid Women University. It is further asserted that in Fatima Jinnah Women University Rawalpindi, 80% staff has been recruited from female cadre. It is submitted that Heads of all the aforesaid Institutions have been appointed by the concerned authorities without following law and relevant rules with a view to accommodate their kith and kins. It is claimed that the university of Poonch Rawalakot, vide impugned advertisement dated 27.06.2014, has invited applications against certain posts without determination of quota. It is further stated that Respondent No, 2 also invited applications for appointments in Women University Bagh, through the impugned advertisement dated 01.02.2015, published in "Daily. Ausaf without determination of quota. It is further submitted that Respondent No, 2 secretly has made certain appointments in the Women University without following due course of law and determination of quota. It is stated that acts and omissions of respondents are illegal and against law, therefore, they may be directed to adhere quota system, hence, the instant constitution petition.
4. The writ petition has been resisted by Respondents Nos.1, 2, 3 and 7 through separate written statements. It is sated in written statement of Respondent No, 2 that writ petition has been filed by violating mandatory provisions of Rule 32(2) of the Azad Jammu & Kashmir High Court Procedure Rules, 1984, as petitioner failed to append certified copy of documents, therefore, the same is liable to be dismissed on this solitary ground. It is further stated that Vice Chancellor, Azad Jammu & Kashmir Women University Bagh, while exercising powers as vested in him under Section 10 of Women University Azad Jammu & Kashmir Bagh Act, 2014, make temporary appointments and report the matter to Senate, which in its 3rd meeting held on 29.05.2014, approved the recommendation of Finance and Planning Committee regarding creation of posts and Budget Estimate 2013-14. Thereafter, the posts were created vide notification dated 04.06.2014. It is maintained that all the posts have been advertised' through "Daily News" against which appointments shall be made upon recommendations of respective selection committee in accordance with laid down procedure by the Senate. It is further stated that in accordance with provisions of Sections 7, 8, 10 to 14, 33, 40 and 41 of Act, .2014, it is not essential that only female staff shall be recruited, which Statute cannot be equated with the Statute of Fatima Jinnah Women University, Rawalpindi. It is asserted that position of Vice Chancellor of Women University Bagh, was advertised through which both male and female candidates were eligible to apply, however, Search committee did not receive application from any female candidate, therefore, qualified male member was appointed as such vide notification dated 02.05.2014. It is claimed that in impugned advertisement dated 01.02.2015, it has categorically been mentioned that while making appointments in the service of Women University Bagh, the female candidates shall be given preference. It is further stated that except posts of Assistants B-14 as mentioned at Serial No, 13 of the impugned advertisement, the number of all other posts was 1, 2 or maximum up to 07 posts, therefore, quota could not be allocated for each unit, hence, advertisement supra was published for such posts on open merit as per Government Circular dated 27.03.2003. It is alleged that numberless applications have been received throughout from all units of Azad Jammu & Kashmir including refugees settled in Pakistan and without impleading party to such candidates writ petition is not maintainable. It is averred that petitioner is not an aggrieved person and cannot file writ petition, hence, submitted for dismissal of the same. The contents of written statements of Respondents Nos. 1, 3 and 7 are similar to written statement of Respondent No, 2, hence, the same are not repeated here for the sake of brevity. However, Respondent No, 1 has added that quota system is not applicable on Poonch University as the same is an autonomous body, created by an Act of the Assembly, therefore, circular of quota laid down by the Government cannot be adhered to by it, hence, submitted for dismissal of writ petition.
5. As Respondents Nos. 4, 5, 6, 8 and 9 failed to file written statement, therefore, they were proceeded ex-parte vide order dated 06.02.2015.
6. The contents of Writ Petition No, 374/2015 are similar to Writ Petition No, 1577/2014, therefore, the same are not reproduced here for the sake of convenience.
7. The writ petition has been resisted by respondents through written statement and the contents of the same are also similar as filed in Writ Petition No, 1577/2014, which are accordingly not reproduced here for the sake of brevity.
8. The petitioner Raja Sajjad Ahmed Khan, has filed written arguments in which he has almost reiterated the grounds of writ petition. It is, however, added that as per (Annexure-RB) appended with written statement 62 posts, including position of Vice Chancellor, were created, however, through the impugned advertisement the posts of Serial Nos. 1 to 8 have not been advertised for mala-fide reasons. It is maintained that no any order was placed pertaining to creation of 29 posts in Women University Bagh. It is further submitted that various appointments were also made in colourable exercise of powers, however, despite time and again requests orders were not issued to petitioner, hence, an application for summoning record along with an affidavit was moved along with writ petition. It is further submitted that an officer of BS-18 was appointed as Registrar against a post of BS-20. It is further maintained that Registrar Women University Bagh, failed to file any counter affidavit, therefore, as per law the contents duly supported by an affidavit of petitioner shall be presumed as true and correct, hence, submitted for acceptance of writ petition.
9. The learned counsel for petitioner in Writ Petition No, 374/2015 neither appeared to argue case nor filed written arguments as per direction of Court dated 18.06.2015.
10. The learned counsel for contesting respondents have also filed written arguments wherein almost the contents of written statements have been reproduced, therefore, the same are not repeated here for the sake of brevity and convenience.
11. After examining written arguments filed by petitioner and the learned counsel for contesting respondents, we have perused the contents of writ petitions and examined the record minutely.
12. A contemplate perusal of prayer clause of Writ Petition No, 1577/2014, reveals that basic grouse of petitioner is against the impugned advertisement dated 27.06.2014, whereby various posts from BS-1 to BS-21 Ilve been advertised by University of Poonch Rawalakot and against another impugned advertisement dated 01.02.2015, through which various posts of grades BS-1 to BS-17 have been advertised by Women University Azad Jammu & Kashmir Bagh. The petitioner emphasized that while advertising the aforesaid posts quota system introduced by the Government has not been adhered to by the concerned respondents. The stance of Women University Bagh, is that except the posts of Assistants BPS-14, the strength of which was 10 in number, all other posts were less than administrative units of Azad Jammu & Kashmir, therefore, on the basis of Government Circular dated 27.03.2003, the same were advertised on open merit basis.
From the perusal of the impugned advertisement dated 01.02.2015, the stance of Women University Bagh, seems to be correct. Even the impugned appointments have yet not been made on regular basis and few appointments have been made purely on temporary basis as a stop-gap- arrangement, hence, we are not inclined to summon record of such appointments. However, as respondents have raised a preliminary objection that petitioner failed to append certified copies of the impugned advertisements, hence, the Writ Petition No, 1577/2014 is had in law. It appears that the aforesaid preliminary objection was raised by respondents in comments as well as written statements, however defect could not be cured. As per sub-rule (2) of Rule 32 of the Azad Jammu & Kashmir High Court Procedure Rules, 1984, production of certified copies of the impugned advertisements was mandatory, which speaks as follows: "Rule 32(1) (2) The application shall set out the name and description of the applicant, the exact nature of the relief sought and the ground on which it is sought, and shall be accompanied by an affidavit verifying the facts relied on, a certified copy of the impugned order and at least two copies thereof including annexure if any, in addition to separate copy for each one of the respondents. The annexure accompanying the petition shall be marked numerically in red ink by the petitioner and the petition shall be properly indexed."
As certified copies of the impugned advertisements have not been appended, therefore, Writ Petition No, 1577/2014 is accordingly bad in law. The same proposition was resolved by the apex Court in an unreported case titled "Iffat Bibi vs. Azad Govt & others" (Civil Appeal No, 6/2013) decided on 13.05.2014. The relevant Paragraphs Nos.12 & 13 are reproduced as follows:- "12. The senility list issued by the Government appended with the appeal in the Service Tribunal and attested by the Advocate-General is not a certified true copy under Article 87(2) and does not fulfil the requirement of Rule 7(e) of the Azad Jammu & Kashmir Service Tribunals (Procedure) Rules, 1976. The copy appended with the memorandum of appeal is not a certified true copy of original seniority list. It is only a photocopy and photocopy is not admissible in evidence.
13. Thus we have reached the conclusion that the appeal filed in the Service Tribunal without appending the certified copy of the order impugned was not competent, it merits dismissal on the sole ground."
13. The petitioner of Writ Petition No, 374/2015, however, challenged only one advertisement of Women University Bagh, dated 01.02.2015 and appended original "Daily Ausa' pertaining to the aforesaid advertisement, hence, the said writ petition is not hit by sub-rule( 2) of Rule 32 of the High Court Procedure Rules, 1984. As observed earlier, that except posts of Assistants BS-14, the number of which was 10, the strength of all other posts was less than administrative units, which are now consisting of ten districts and two units of refugees settled in Pakistan and refugees of 1989, total twelve units, therefore, all other posts were advertised on open merit basis in accordance with Government circular dated 27.03.2003. The impugned advertisement, therefore, has been issued, as per our humble view, in accordance with law. The aforesaid proposition was resolved by the apex Court in case titled "Azad Government & 2 others vs. Muhammad Naseer Chaudhry and 2 others" [2010 SCR 186]. At page 199 of the report it was held as follows: "9. The aforesaid instructions reveal that these are not in violation of orders/rules regulating the quota. The necessity arose when the newly created posts to be filled in the Government departments were less in number than the administrative units. When the posts are less in number it is not possible for the department to determine the quota of any particular district. There appears to be wisdom behind the instructions that the candidates belonging to all the administrative units shall be provided equal opportunity for competing the available posts. The instructions provide a safeguard for the candidates of all administrative units by providing the condition that if more than one candidates from same district have qualified the test and interview, only one from that district, who is at top, shall be appointed. The next candidate shall be appointed from the district having the superior merit. Had this condition not been incorporated in the instructions, in that case the instructions would have no binding force being in contravention of the rules.
10. In the case in hand the number of posts of Assistant Director Environment was only three. The number of administrative units at the time of advertisement of posts was stated to be eight, therefore, it was not possible for the department to determine the quota of districts. In that case the method provided in aforesaid instructions was correctly adopted by the department while sending the requisition to the Public Service Commission for advertising the posts on open merit basis."
' The impugned advertisement has been issued in accordance with Government circular dated 27.03.2003, therefore, writ petition is accordingly bad in law.
14. Before parting it is, however, liable to be observed that quota system has been determined by University Azad Jammu & Kashmir Establishment (Recruitment) Statutes, 1983 and in this regard statute-7 thereof, is reproduced as follows: "7. Vacancies to be filled by initial recruitment shall be filled in the following manner twenty percent of such vacancies shall be filled on merit from among candidates domiciled in any part of Azad Jammu & Kashmir,
(i) the remaining such vacancies shall be filled according to the quota fixed by the Government."
(ii) ' As per Statute-7, supra 20% vacancies are liable to be filled in on merit from amongst candidates domicile in any part of Azad Jammu & Kashmir, while remaining vacancies are liable to be filled in according to quota fixed by the Government. Therefore, all the Universities, including University of Poonch, shall strictly follow the aforesaid Statute-7 until the same remain into the statute book and all appointments shall be made strictly on the basis of merit and recommendations of respective selection authorities without any political influence.
15. The crux of above discussion is that finding no substance in the instant writ petitions, the same with the above observations, are dismissed with no order as to the costs.