SHAHBAZ KHAN vs MANAGING DIRECTOR POWER DEVELOPMENT ORGANIZATION AZAD JAMMU AND KASHMIR advertisement for Posts — 2023 PLC(CS)N 42 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 PLC(CS)N 42 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: PLC
Parties: SHAHBAZ KHAN vs MANAGING DIRECTOR POWER DEVELOPMENT ORGANIZATION AZAD JAMMU AND KASHMIR advertisement for Posts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHBAZ KHAN VS MANAGING DIRECTOR POWER DEVELOPMENT ORGANIZATION AZAD JAMMU AND KASHMIR advertisement for Posts---Subsequent re-advertisement with certain changes---Validity---Impugned post had been upgraded from BPS-7 to BPS-11 through an office memorandum and qualification had also been enhanced and changed, so the department had no option but to re-advertise the post according to the prevalent rules, as the previous rules were repealed---When the previous rules became non-existent and redundant then the advertisement issued under the repealed rules had automatically got cancelled and the fresh advertisement was essential---When the selection process had not started in pursuance of the previous advertisement then no valuable right had accrued in favour of the petitioner by filing just an application as a candidate---Petitioner was also eligible to apply against the impugned post afresh as the impugned advertisement did not exclude persons of his category---Petitioner did not come within the definition of an "aggrieved person" as he was eligible to apply for the post---Writ petition was dismissed, in circumstances. Head NotesCase Description

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