1. Through the above tiled writ petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, the petitioner seeks a direction against the respondents to issue her permanent appointment order as Junior Technical Teacher (Handicraft) by setting aside the even dated appointment orders of Respondents No. 7 and 8 by declaring the same as against law and rules as both of the respondents were not fulfilled the requisite qualification according to the rules. It has further been requested that the petitioner may not be released from her assignment till issuance of her permanent appointment order.
2. Precise facts forming background of the instant writ petition are that petitioner is 1st class State Subject of Azad Jammu and Kashmir hails from Lahrri Saral Post Office and Tehsil Tatapani District Kotli, whose educational qualification is M.A along with diploma in Handicraft which she got in 2006-2007. The petitioner was appointed as Junior Handicraft Teacher in Govt. Girls Higher Secondary School Tatapani in year 2015 and she is still serving against the post of Junior Teacher as on temporary basis till 31.12.2020. The department advertised the posts of Technical Teacher from District Kotli through proclamation dated 10.08.2019 and consequently test and interview were held on 19.08.2020. The petitioner along with the other candidates participated in the test interview held on 19.08.2020. The merit list of the same was issued through which the selection committee placed the petitioner at Serial No. 4 whereas Respondents No. 7 and 8 were placed at Serial Nos. 1 and 3 of the merit list, respectively. The case of the petitioner is that the candidates ahead to the petitioner in the merit list are not eligible for appointment as Junior Handicraft Teacher because according to the merit position, only 5 candidates qualified the merit position against the advertised posts and the candidate who is at Serial Na. 1 of the merit list has no diploma certificate, the candidate at Serial No. 2 has changed her domicile and according to the information of the petitioner, she is no more resident of District Kotli and candidate No. 3 has crossed the upper age limits, so, due to the above mentioned disqualifications of the candidates at Serial Nos. 1 to 3 of the merit list, the petitioner claims herself as a successful and eligible candidate for appointment against the advertised post of Junior Handicraft Teacher.
3. The writ petition was admitted for regular hearing on 11.12.2021 and the respondents were directed to file written statement on or before next date. Respondent No. 7 filed written statement on 22.12.2021 whereas on request of learned Legal Advisor for the official respondents, parawise comments already filed on behalf of the official respondents were treated as written statement on their behalf vide order dated 07.02.2022.
4. Miss Noshaba Iqbal, learned counsel for the petitioner, while reiterating the grounds taken in the writ petition argued that the petitioner is entitled to be appointed against the post in question and in this view of the matter, she requested for acceptance of the writ petition.
5. On the other hand, Raja Muhammad Kabeer Kiani, Advocate, learned counsel for Respondent No. 7, argued that as the petitioner has got marriage with a person belonging to Constituency No. 6 Kotli before advertisement of the post in question due to which she was not competent to apply against the junior post of Handicraft Teacher of Constituency No. 1 Kotli. She argued that the petitioner could only apply against the domicile of her husband according to Teacher Recruitment Policy, 2017. Therefore, petitioner cannot challenge the valid appointment of Respondent No. 7.
6. Abdul Basit Khan, learned Legal Advisor, for the official respondents, while adopting the arguments advanced on behalf of Respondent No. 7 requested for dismissal of the writ petition.
7. As far as Respondent No. 8 is concerned, despite service she has not appeared before the Court, so, ex-parte proceedings has been passed against her, due to which no order can be passed in her absence.
8. A perusal of file reveals that Respondent No. 7 with her written statement has attached the nikahnama of the petitioner by which the petitioner who was resident of Halqa Assembly No. 1 Kotli has got marriage with a person who belongs to other Constituency Khuiratta Kotli-6 on 15.04.2019 where the post in question was advertised in the month of August, 2019. Therefore, according to Teacher Recruitment Policy, 2018 and through its amended notification dated 05.01.2018 in Clause 4(d) the married woman can only apply against the junior post on the basis of the domicile of her husband. The relevant portion of the notification dated 05.01.2018 is reproduced as under:-- "NOTIFICATION No. Secretariat/E&SE/187-97/2018. The President Azad Jammu and Kashmir has been pleased to direct that the following amendments shall be made in "The Azad Jammu and Kashmir Teacher Recruitment Policy, 2017" namely: "i) In the said Policy, the Pars 4(d) shall be substituted as follows:- "A married female candidate may be, considered only against the domicile of her husband. She must, have to produce an attested copy of her husband's domicile and Nikah-Nama duly verified by the Secretary Union Council (UC) and amended domicile as per her new address, if her husband's domicile district/constituency/UC is different from her own one. ii).... iii).... iv).... v)....
9. Section Officer Elementary and Secondary Education"
10. From bare reading of the above said notification, it is crystal clear that petitioner was not competent to apply against the post belonging to Constituency No. 1 Kotli as she has already got marriage from Constituency No. 1 to Constituency No. 6 Kotli. Therefore, she could only apply against the post relating to Constituency No. 6 Kotli after her marriage against the domicile of her husband. In this way, the petitioner is not an aggrieved person, due to which the instant writ petition is not maintainable which is hereby dismissed with no order as to the cost.