Affeera Abbasi vs University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kash

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Affeera Abbasi VS University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kashmir art. 44---Establishment of Office of Mohtasib (Ombudsman) in azad Jammu and Kashmir act (XIV of 1992), S.12---Educational institution---Implementation of order of Ombudsman---Writ of mandamus---Maintainability---as a general rule, mandamus does not lie where there is another plain, speedy and adequate remedy available, whereas, office of the Ombudsman was yet vacant, thus, it would be futile exercise to approach the said office for implementations of the decision rendered by the Ombudsman---Petitioner was an aggrieved person, thus, constitutional petition for issuance of writ of mandamus was maintainable. Citation Name: 2025 MLD 1786 HIGH-COURT-AZAD-KASHMIRBookmark this Case Affeera Abbasi VS University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kashmir arts. 4(19), 11(2) & 44---Establishment of Office of Mohtasib (Ombudsman) in azad Jammu and Kashmir act (XIV of 1992),S.12---Educational institution---Restoration of educational process---Non-adherence of procedural fairness---Judicial review---Implementation of order of Ombudsman after having attained finality---Respondent-university instead of complying with the order of Ombudsman preferred appeal before the President, which was dismissed---Petitioner filed a writ of mandamus for implementation of orders of Ombudsman and President, whereas, respondent filed a writ of certiorari against such orders---Validity---Petitioner had been meted out with mala-fide treatment and bias, prior to passing any order qua dropping her from 1st semester as no notice was issued to her, thus, she well within time filed an application for freezing the semester to her extent, which was not further processed by the university authorities---Depriving a gold medalist student from further education was an act of mal-administration, thus, the order was not in accordance with law---Decision of the aJ&K Ombudsman was completely in line with the scheme of law and norms of justice requiring no indulgence at all---Where bad faith, ulterior motive or colourable exercise of power is oozing from the record, judicial audit is inherent in High Court in order to have a judicial review---Writ of mandamus filed by the petitioner was accepted by the High Court with a direction to implement the order of Ombudsman, which had attained finality, whereas the writ filed by the respondent/university in form of certiorari was dismissed being not maintainable and being hit by doctrine of laches. Citation Name: 2025 MLD 1786 HIGH-COURT-AZAD-KASHMIRBookmark this Case Affeera Abbasi VS University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kashmir art. 44---Wrong conclusion of factual controversies---Writ of certiorari---Scope---Writ of certiorari can also be issued, when the act of the authority, Court, or tribunal is extra legem or for that matter offends the norms and premise of natural justice---Wrong conclusion of factual controversies provides no room for indulgence through the lens of certiorari. Citation Name: 2025 MLD 1786 HIGH-COURT-AZAD-KASHMIRBookmark this Case Affeera Abbasi VS University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kashmir art. 44---Writ of certiorari---Scope---Certiorari is meant for providing supervisory checks/audit of the decisions/acts of the inferior tribunals/authorities in a way to ascertain on the touch stone of jurisdiction so conferred to them as well as to compare the impugned act/instruments in parlance of the relevant law---Resultantly if any decision or instrument is found beyond jurisdiction or in opposition with law annulment by way of high prerogative command is better treatment of such like orders.

Affeera Abbasi vs University of Azad Jammu and Kashmir through its Registrar Muzaffarabad, Azad Jammu and Kashmir art — 2025 MLD 1786 HIGH-COURT-AZAD-KASHMIR

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