MUHAMMAD SHAREEF AWAN, PRESIDENT ALL SECRETARIAT EMPLOYEE ASSOCIATION (REGISTERED) AZAD JAMMU AND KASHMIR vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts — 2023 PLC(CS)N 60 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 PLC(CS)N 60 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: PLC
Parties: MUHAMMAD SHAREEF AWAN, PRESIDENT ALL SECRETARIAT EMPLOYEE ASSOCIATION (REGISTERED) AZAD JAMMU AND KASHMIR vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts
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

MUHAMMAD SHAREEF AWAN, PRESIDENT ALL SECRETARIAT EMPLOYEE ASSOCIATION (REGISTERED) AZAD JAMMU AND KASHMIR VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts. 44, 15 & 17---Equality of State Subjects---Safeguard against discrimination in services---Reservation of seats for children of civil servants---Scope---Petitioners assailed the validity of notification whereby previous notification, providing reservation of 20 percent vacancies in the cadre of Junior Clerk, Driver, Naib Qasid, Mali, Farrash, Water Carrier and Chowkidar in all Government departments for the children of such Government servants in BPS-1 to BPS-5, who were either serving or had retired from service was withdrawn---Validity---Previous notification had obstructed the opportunity of fair competition and the Fundamental Right of equality before law---Constitution provided Fundamental Right of equality before law, however, implementation of previous notification reserved the posts of BPS-1 to BPS-5 on the basis of inheritance and such law was violative of principle of equality before law because it obstructed the way of fair competition by at least 20 percent seats---Previous notification had rightly been withdrawn by the subsequent notification---Writ petitions were dismissed. Head NotesCase Description

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