SARDAR M UHAM M AD EJAZ KHAN, J. Through the captioned writ petition addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, the petitioner implored the following relief:- "It is, therefore, prayed on behalf of petitioner that an appropriate writ may kindly be issued in following manner:-
(i) Setting aside the impugned proclamation bearing No. AJK No.183N/12/2021 along with requisition and all other proceeding initiated by the respondents in pursuance of the impugned requisition and advertisement with regard to appointment of Range Officers by declaring the same as illegal, unlawful, void ab initio;
(ii) Restraining the respondents from making appointments as against the impugned posts of Range Officer (PBS-16) against the Policy and also directing them to calculate the quota of District Jhelum Valley which is reserved for District Jhelum Valley i.e. 4.55."
2. Summarized facts according to the version of the petitioner are that infer alia, 12 posts of Range Officer (BPS-16) were advertised against the quota of different units by respondents-Forest Department for appointment on ad-hoc basis whereas requisition of the said posts was sent by the Forest Department to Public Service Commission without calculation of quota of District Jhelum Valley. It has been stated that there are 56 posts of Range Officers (BPS-16) in Budget book and quota of each units shall be bifurcated on total number of posts while according to Government notification dated 16.10.2009, quota pertaining to District Jhelum Valley has been fixed as 4.55% rather since the creation of District Jhelum Valley, no any post of Rang Officer BPS-16 was advertised by Public Service Commission for direct recruitment against its quota rather in budget book, four posts of Rang Officers (BPS-16) are available but the official respondents while calculating the quota fell in grave error and ignored the quota of District Jhelum Valley. It has been stated that if the requisition after calculation and determination of different units' quota including the quota of District Jhelum Valley was rightly sent to Public Service Commission, as per 4.55% quota allocated for District Jhelum Valley one post out of 12 posts should have been advertised. It has been stated that the petitioner has no alternate and efficacious remedy except to invoke the jurisdiction of this Court, hence, this writ petition.
3. Writ petition was admitted for regular hearing vide order dated 11.03.2022 and the respondents were directed to file written statement who filed the same wherein stand taken in writ petition by the petitioner was refuted in toto and it has been prayed for dismissal of writ petition.
4. Heard. Record perused. As per version of the official respondents, there are 23 posts of Rang Officers (BPS-16) in the Department reserved for direct recruitment while according to Departmental Statutory Rules, 50% quota was reserved for direct recruitment and 50% was reserved for promotion quota meaning thereby that 23 posts are bifurcated on all unite of Azad Jammu and Kashmir for direct recruitment and due to adjustment of one Waheed Kazmi as Rang Officer (BPS-16), quota of District Jhelum Valley has already exhausted B but no appointment order has been brought on record by the official respondents to which it can be assumed that the post in question was filled in through direct recruitment against the quota of District Jhelum Valley.
5. It is relevant to mention here that in response of written statement, the petitioner filed replication along with a copy of appointment notification of Waheed Kazmi dated 04.03.2009 whereby the post of Rang Officer (BPS-16) was filled in on the recommendation of Public Service Commission against the quota of ' District Muzaffarabad. An attested copy of notification dated 20.08.2009 has also been appended along with replication through which new District Hattian Bala (Jhelum Valley) was established to have been declared functional w.e.f. from 01.10.2009, hence, the appointment notification dated 04.03.2009 of one Waheed Kazmi appears to have been issued before establishment of new District, Hattian Bala, as such the post of Rang Officer was filled in against the quota of District, Muzaffarabad. This fact of the matter strengthens the version of the petitioner pertaining to calculation of correct quota allocated for District Jhelum Valley as such concealment of material facts from the Court by the official respondents inclines me to direct them to recalculate correct quota and send the requisition of the said posts to Public Service Commission afresh in accordance with law and rules. It is relevant to mention here that the official respondents in written statement stated that there are 23 posts of Rang Officers in the Forest Department but no proof has been brought on record as such it is pure question of fact, which falls within the exclusive domain of the concerned Department because in writ jurisdiction the cases are decided on the strength of available convincing documents, hence, every allegation taken in writ petition by the petitioner has to be explained specifically rather the same was denied by the respondents evasively, which amounts to admission on their part.
6. The nutshell of the foregoing reasons is that the instant writ petition is accepted by setting-aside the impugned advertisement dated 28.12.2021 (annexure "PB") and the official respondents are directed to recalculate the quota, re-advertise the posts in question while bifurcating the same on all units of Azad Jammu and Kashmir and send the requisition to Public Service Commission afresh in accordance with law within a period of one month from the date of receipt of this order.
Petition accepted.