' KHALID MAHMOOD, J.--- This judgment shall also dispose of Writ Petitions Nos.175 and 190 of 2012, as common questions of law and facts are involved therein.
2. In all the writ petition, the petitioners seek the constitutional jurisdiction of this Court praying for:- -- "that on acceptance of writ petitions, the impugned office order issued by respondent No,5 and the so-called appointments of respondents for the post of Patwari (BPS--9 may graciously be ordered to be declared illegal, void, ab initio, without completing the codal formalities, illegal, beyond the criteria of appointment as laid down by the Government, against the directions made by this August Court vide order dated 24-1-2012, same has been done without advertising the posts of according to the merits by depriving the basic legal and fundamental rights of the petitioner guaranteed under the constitution, hence, same is liable to be struck down."
3. As per contents of writ-petitions, some of the petitioners joined the Patwar School Academy Karak for Patwar Course Sessions 2009 and after completion of academic sessions appeared in the annual examination and succeeded in the examination whereas settlement process has started in District Chitral and some of respondents have allegedly completed the settlement training school opened for Patwar Course at Chitral. Petitioners had also filed Writ Petition No,34 of 2012 which was disposed of by this Court on 24-1-2012 to the respondents that if petitioners are found qualified be considered in accordance with law. However, respondent No,5 in disregard of rules and regulations issued appointment order of respondents Nos.8 to 17.
4. Learned counsel for petitioners argued that only the qualified candidates, who have successfully completed the Patwar Course from Chitral School wherefrom training for settlement obtained and their names are found mentioned in the list of Revenue Candidates will be eligible to be appointed against the vacant posts of Patwaris. It was argued that respondent No,5 without advertising the post, on his own, in violation of Articles 4, 8 and 25 of the Constitution has appointed the respondents, which being against rules and regulations is liable to be set-as ide .
5. On the other hand, learned A.A.-G. Opposed the petition and contended that respondents, who have completed the, requisite course, have been appointed according to rules and regulations governing the subject-matter and no discrimination has been caused to the petitioners.
6. Arguments heard and record perused.
7. It would be advantageous to reproduce the contents of relevant section 3.6 of Land Record Manual, which deals with "List of Patwar Pass Persons", which is as under:--- "3.
6. List of Patwar Pass persons.--- (1) For each Sub-Division a list of all Patwar Pass persons shall be maintained by the Sub-Divisional Collector/Political Assistant in P-1 given in Appendix "a" with a view to have ready information about the availability of eligible persons in the Sub-Division to facilitate filling up the vacancies. However, the appointment of Patwaris shall be made strictly in accordance with Service Rules and the Recruitment Policy as my be applicable at the relevant time.
(2) Maximum Educational qualification for the Patwari is Matric/Secondary School Certificate. The names of only those persons shall be enrolled, who are bona fide residents of the concerned Sub- Division.
(3) The name of the eligible persons shall be added to the list as and when the result of the Patwar Examination is received and no eligible person shall be refused enrollment.
8 Section 3.10 of the Land Records Manual deals with the subject of Patwari Schools, which is also reproduced as under:- "(I) When required, a single school will be opened for the Province as a whole, or one school at each Divisional Headquarters or other suitable centre in the Division on the 1st February and will close on the 31st October, 9ths --- at the discretion and with the sanction of Director of Land Records. Any candidate entered in the register may attend the school and present himself for the Patwari examination."
9. Section 3.11 of the Land Records Manual deals provides mode of appointment of Patwaries, which is also reproduced herein below:--- "The appointment of Patwaris rests with the Collector, (who may delegate these powers to Sub- Divisional Officers (now Assistant Commissioned)/Additional Collectors and (Revenue Assistant) in the District.
(2) When the office of Patwari is vacant in any circle, whether temporarily or permanently, it shall be filled by selection from the register of candidates of the Tehsil in which the vacancy occurs, or, if necessary, by selection from the registers of other adjacent Tehsils, regard being had to the considerations mentioned in paragraph 27 of the Land Administration Manual".
' The recruitment policy of Patwari has been laid down by the Government vide Notification No, SO .
XLX-1-55/58-Part II dated 1963. As per paras 5, 7 of said notification, the very appointment policy is explained as under:--- "5. Method of recruitment.
(1) Recruitment shall be made by initial recruitment;
(2) Vacancies in the service shall be reserved for bona fide residents of the Districts in which they occur.
7. Qualifications: ' No person shall be appointed to the service unless he is able to read and write Urdu and has passed: FA or equal examination from the Board of Secondary Education;
(ii) The Patwar Examination from a Patwar School established according to paragraph 3.10 of Land Record Manual.
10. Counsel for the petitioners pointed out that there are two kinds of Patwar Courses one for Field Patwar and other for Settlement Patwar Course. The syllabus for both the courses are the same, however, for settlement course one subject regarding inheritance is added, therefore, the candidates, who passed the course for settlement from Chitral Patwar School are at better pedestal, hence, they should be given preference over the other candidates. However, when counsel for the petitioners was asked to differentiate regarding the terminology and any differentiation of field and settlement Patwar course or different cadres, and in this respect' category of candidates but he failed to produce any law to substantiate his contention.
11. According to section 3.6 List of Patwar Pass persons, in each Sub-Division a merit list of all Patwar Pass persons per year-wise commencement of Patwar Course shall be maintained by the Sub- Divisional Collector/Political Assistant in P-1 given in Appendix "a" with a view to have ready information about the availability of eligible persons, in the Sub-Division to facilitate filling up the vacancies according to merit irrespective of the fact whether he has passed Field or Settlement course from the Patwar School as there is no distinction regarding settlement and field school.
However, the rules governing the subject matter clearly direct appointment of Patwaris strictly in accordance with Service Rules and the Recruitment Policy. The maximum Educational qualification for the Patwari is now F.A./F.Sc. As per rules, the official respondents are required to display the merit list and candidates be given appointment according to it, subject to passing of test and interview and no discrimination be made.
12. In the light of the above, the three writ petitions stand disposed of accordingly.