1. ' IRFAN SAADAT KHAN, J.---This petition has been filed with the following prayer:--
(a) Declare that the acts of respondents, not appointing the nominated person of the petitioner namely Jameel Ahmed Lakho as Chowkidar, as illegal, mala fide and without lawful authority.
(b) Direct the respondents to issue appointment order of Jameel Ahmed son of Irshad Ali Lakho in terms of the undertaking given by the Education Department.
2. ' Briefly stated the facts of the case are that the petitioner is a landlord, who retired as Managing Director from Ghee Corporation of Pakistan and thereafter has involved himself in social activities for uplifting the education in the Province of Sindh and to eradicate the menace of illiteracy. The petitioner had remained Chairman, Sindh Graduate Association and has established a number of educational institutions in the Province of Sindh. That in the year 1983-84 the petitioner, being the owner of the land, donated a plot free of cost to the Education Department for education purposes and upon which a Government Girls Community Model School was constructed to give education to the girls of the village Wada Lakha and its surroundings. The petitioner is stated to be a philanthropist and apart from donating plot for the purpose of construction of school he has also donated lands for basic health and veterinary purposes. That the petitioner has donated a plot of land and has claimed that as per the policy one of his nominee is to be appointed on a menial post for which purpose he has nominated one Jameel Ahmed son of Irshad Ali Lakho to be appointed as chowkidar. It is averred that all the legal and codal formalities have been fulfilled but the respondents have not appointed the said Jameel Ahmed and have appointed an outsider, which according to the petitioner is not permissible since the said person was not the nominee of the petitioner. The petitioner approached the respondents for appointment of Jameel Ahmed as chowkidar but when no heed was paid thereafter the instant petition has been filed.
3. ' Mr. Bhajandas Tejwani Advocate learned Senior Counsel has appeared on behalf of the petitioner and has reiterated the above facts and submitted that since Mr.Jameel Ahmed is the nominee of the petitioner, the respondent Department is under the legal obligation to appoint the said person on a menial post. He, therefore, has prayed that this petition may be allowed by appointing Jameel Ahmed as chowkidar in the said school.
4. ' Mr. Shaharyar Awan, learned Assistant Advocate General, on the other hand, has opposed this petition and. Submitted that since the person appointed by the petitioner was not a relative of the petitioner hence is not entitled to be appointed on the said post. He, therefore, has prayed that this petition may be dismissed.
5. ' Since in the instant petition a legal issue has been raised thereafter vide order dated 6-5-2014 by this Court, the parties were directed to produce relevant rules so as to ascertain whether any person who is nominated by the plot donor to be his nominee can be given appointment even if he is not a relation of the plot donor.
6. ' Mr. Bhajandas Tejwani has argued the matter at some length and has stated that there is no bar on the person donating the plot that he should appoint any of his relations/blood relation/son/ daughter etc. But that person could be any person nominated by the donor. In support of his contention, the learned counsel has produced before us the definition of the term "nominee" as used in Black's Law Dictionary which reads as under:-- "Nominee means one who has been nominated or proposed for an office. One designated to act for another in his or her place. It is used sometimes to signify an agent or trustee. It has no connotation, however, other than that of acting for another, in representation of another, or as the grantee of another."
7. ' He, therefore, states that since the said Jameel Ahmed is a nominee of the petitioner hence when the' petitioner has nominated him, it is incumbent upon the respondents to have appointed the said person as chowkidar in the school which is constructed on the plot donated by the petitioner.
8. He, therefore, has finally argued that this petition may be allowed by directing the respondents to appoint Jameel Ahmed as chowkidar or any other menial post in the said school.
9. ' Mr. Shaharyar Awan, learned Assistant Advocate General, on the other hand, though has argued that the said Jameel Ahmed has no relation with the petitioner however has candidly conceded that it was the prerogative of the petitioner to appoint any person being his nominee for appointment on a menial post. He, however, has submitted that there is a policy of the Department that one real son/daughter of the nominee will be considered for appointment for the post of BPS- 01/ 02.
10. ' We have heard both the learned counsel at considerable length and have perused the record.
11. ' We have gone through the policy letter dated 23-2-2010 which reads as under:
(1) Copy of Agreement/Bond signed by the applicant/plot donor and DEO concerned regarding the construction of school building.
(2) Copy of Form VII-B duly signed by Mukhtiarkar Land Revenue of concerned taluka, showing the ownership of plot/land of the applicant.
(3) N.O.C. Of other shareholders of land/plot and other heirs of property.
(4) Copy of Budget Book along with sanctioned posts N.Q./ Chowkidar.
(5) Present status of school.
(6) Qualification/Domicile/PRC of applicant.
(7) Certificate from relevant officer that land donated for construction of school stand transferred in name of Education and Literacy Department, Government of Sindh.
12. ' A perusal of the above policy clearly stipulates that there is no such condition that one real son/daughter will be considered for appointment rather as per the said policy the term has been used as real son/daughter or nominee of plot donor will be considered for appointment. Hence from the reading of the above it is clear that the policy makers have clearly used the word 'or' meaning thereby that either of the condition has to be fulfilled which means that the donor can appoint one of his real son/daughter or his nominee and there is no such condition available in the said policy that the nominee should be either real son or daughter of the plot donor rather in the said policy a leverage has been given to the plot donor to either appoint his real son/daughter or his nominee. Hence the stand taken by the respondents that the nominee should be a near relative or a son or daughter of the plot donor on the very face of it is found to be misconceived and contrary to the said policy.
13. 'Before proceeding any further we would like to dilate upon the word "nominee" in some detail.
14. Apart from the term "nominee" used in the Black's Law Dictionary, as per Law Dictionary by A.R.
15. Biswas, "nominee" means: "to designate, name, to select or propose, for appointment to an office or place". As per Chamber's 21st Dictionary, "nominee" means: "someone nominated to or for a job or position" .
16. ' From the reading of the above definition of the word "nominee" it is clear that a nominee is a person who has been nominated for an office or a position. Now, coming to the facts of the present case, the petitioner has nominated one Jameel Ahmed as his nominee, who in our view, is fully authorized and competent to hold such position when he has been nominated by the petitioner. It is not the case of the Department that Jameel Ahmed is not the nominee of the petitioner hence is not entitled to be appointed on the said post rather the whole case of the Department hinges on the sole ground that the said nominated person is not a real son/daughter or near relation of the petitioner, which ground, in our view, hardly appeals to the mind.
17. 'We, therefore, in view of the above, allow this petition with the following directions:--
(1) The plot donor shall execute an agreement/bond with the District Education Officer with regard to the construction of school building.
(2) A copy of Form VII-B duly signed by Mukhtiarkar (Revenue) concerned, showing the ownership of the applicant shall be submitted.
(3) N.O.C. Of other shareholders/legal heirs of property shall also be provided.
(4) After receiving all the documents as prescribed and the CNIC, Domicile and PRC of the plot donor the said plot shall be transferred in favour of Education and Literacy Department, Government of Sindh.
(5) The applicant as well as the respondents shall fulfill all the codal and legal formalities in this regard and, also fulfill their respective obligations as expeditiously a possible.
(6) The respondent Department shall ensure that all the documents are completed as above and that the petitioner has made an irrevocable donation of the plot.
18. ' After completion of the above formalities appointment letter shall be issued by the competent authorities without any delay. The respondents are directed to comply with the above directions within a period of three months from receipt of this order and submit a compliance report to the Additional Registrar of this Court.
19. ' Petition stands disposed of in the above terms. 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.