Tariq Javaid, J.--The grievance of the appellant is that the learned judge in chamber while passing the impugned order has misread the contents of certificate issued by the Tehsildar which is annexed as appendix. C-I of the writ petition. As such, the order passed by the' learned judge in chamber is not sustainable.
2. The facts of the case are that the appellant is resident of village Bubak in Tehsil Narowal. The Respondents No. 1 to 5 advertised various posts of Elementary School Educators. According to the policy of the respondents, the candidates who were residents of the village where School was situated were entitled to the grant of 10 additional marks over and above the marks secured by them in interview and for their qualification. The appellant as well as Respondents No. 6 & 7 filed their applications for the post of Elementary School Educator in a School situated in village Bubak.
The appellants being resident of village Bubak was awarded additional 10 marks and she stood on top of the merit list and as such was appointed on the post.
3. The Respondents No. 6 & 7 who were the main contestant assailed the appointments of the appellant and maintained that though they were residents of village Marali, the two villages were adjacent having distance of only one kilometer, were treated as one village known as Bubak Marali, had one post office, one Patwari and had always been treated as one village. Thus, it was maintained that they were also entitled to the grant of 10 additional marks. In support of their contentions various documents were placed on file. The Respondents No. 1 to 5 filed almost conceding replies, but the appellant contested the petition.
4. The learned Judge in chamber while passing the impugned order relied upon the certificates referred to above and allowed the writ petition.
5. We have heard the arguments and perused the record.
6. The certificate having been relied upon by the learned Judge in chamber is annexed as appendix C-I with the writ petition. This document has not been dated nor it appears to has been issued after proper determination of the fact whether village Bubak and Marali are two district villages. It simply points out that the headquarter of Union Council 33 Bubak Marali is situated in village Marali, Basic Health Unit, Office of Field Assistant Agriculture are also situated in village Marali. Government Boys High School and Government Elementary Schools are situated in village Bubak, the Patwari circle is Bubak Marali, all official and private correspondence is addressed as Bubak Marali and thus it is concluded that Bubak Marali is. one village.
7. The above certificate does not show under what authority of law the same has been issued. It is hand written document having no date mentioned therein and even the name of the official is not mentioned therein. By no stretch of imagination the said document can be described as a certificate or an official document.
8. There is no doubt that there is only one post office known as Bubak Marali and the correspondence is also addressed as Bubak Marali. However, we have no doubt that these are two distinct villages. The contiguity of the villages does not pre-suppose the merger of the villages. The very name Bubak Marali connotes and denotes that these are two distinct villages. No revenue record has been produced to show that village Bubak Marali is one village, nor it is shown that any merger or consolidation of villages has taken place. The existence of two Schools in one village and three offices including post office in other adjoining village does not make two district villages as one village.
9. The recruitment policy of the Respondents No. 1 to 5 provides for 10 additional marks for the candidates who reside in the same village where the School is situated. If no candidate is available from the village then this concession is extended to the same Ward, Union Council, Markaz/Police Station and Tehsil respectively. The selection and Ranking criteria .as published by the respondents for the said posts is as follows:- "To ensure retention of teachers in Schools a candidate, interested in employment as Educator belonging to the same Village will be awarded Ten Extra Marks as compared to other candidates. If no candidate is available in the Village where the School is situated then this award will be extended to the candidates belonging to same Ward, Union Council, Markaz/Police Station and Tehsil respectively where the School is situated. To ensure that this facility is enjoyed by a right candidate he/she will annex a certificate along with application showing that he/she is bonafide resident of Village, Ward, Union Council, Markaz/Police Station and Tehsil duly attested by the Nazim Union Council."
According to the above criteria, 10 marks are allowed only to the residents of the village. The said marks can only pass away to the candidates residing in the Ward if no candidate is available from the village.
10. However, before parting with this judgment we deem it appropriate that the respondents may amend the policy and specifically provide that in case of residents of twin villages which are so closely situated, the marks would be available to all the candidates residing in twin villages. In absence of any such amendment, the marks cannot be extended to the candidates of twin villages on the basis of contiguity. The appeal is allowed and the impugned judgment is set aside. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.