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1998 MLD 608

SHAUKAT ALI vs DIRECTOR, LAND RECORD and others

Citation1998 MLD 608
CourtLahore High Court
Case No.Writ Petition No, 3266 of 1997
Date1997-03-13
Judge(s)Karamat Nazir Bhandari
ResultPetition allowed

KARAMAT NAZIR BHANDARI, J.---This judgment will dispose of Writ Petitions Nos.6136, 5909, 5857, 5885, 5835, 5898, 6135, 6188, 6184, 6189,6133,6138,6190,6104,5821,5832,5827,5985,5914 5825,6168, 5864,5915,5811,5856,6175,6166,6191,6192,6178,6163,6165,6164,161, 5896,5884,5873,5865,5863,5351,4255,5346,5413,5105,5384, 5260,5329, 368,5167, 4990,5113,5860,5859,5885,5908,6095,5735, 5506,5490,5588,5589, 5651,5677,5879, 5876,3207,6398,6399,6325, 6326,6282,6280,6281,6303,6301, 6302,6351,6304,6305, 6353,6354, 6355,6356,6357,6458,6359,6352,6323,6324 6327,6387,6375,6363, 6364, 6406,6407,6409,6278,6279,6307,6273,6260,6254, 6253,6405, 6370,6328,6329,6297, 6320,6391,6390,6400,6287,6274,6245,6312, 6311,6313,6321,4781,5392,5389, 4960,5380,5269,5391,4936,4968, 5103,5062,5063,5066,5064,5060,5065,5067 5069,5075,5076,4971, 4965,5077,4980,5586,5590,5587,5638,5679,5796,5262, 5730,5797, 5744,5696,5804,5648,5783,6137,6193,6202,6182,6200,6201,6199, 5674,5717,5665,5781,5610,5768,5769,5749,5647,5747,5619,5611, 5614,5801, 5612,5613,5615,5616,5617,5618,5799,5664,5725,5633,5748,5798,5672,. 667,5771, 3409,3408,3382,3404,3414,3397,3410, 3411,3567,3336,3541,3544,3526,3527, 3329,3334,3398,3504,3502, 4627:4628,4219,4200,4203,4198,4207,4178,4169, 4172,4171,4177, 4229,4692,3835,4852,4732,4859,4860,3901,4442,4394,4506, 4800, 4102,4375,4377,4374,4248,4496,3904,3906,3910,3907,3915,3908, 3913,3912, 3911,3914,3909,4226,4209,4210,4641,4797,4736,4371, 4396,4687,4362,4799, 4784,4801,4208,4772,4821,4798,4011,4240, 4220,4363,4361,4292,4276,4136, 4245,4376,4299,4773,4774,4067, 4407,4153,4156,4580,4582,4193,4594,4593, 4733,4010,3640,3641, 3642,3643,3644,3645,3646,3647,3648,3649,3650,3651, 3652,3653, 3654,3655,3656,3657,3658,3659,3660,3661,3662,3663,3664,3665, 3666,3667,3668,3669,3670,3671,3672,3673,3674,3675,3676,3677, 3678,3679, 3680,3681,3682,3683,3684,3685,3686,3687,3240,3241, 3242,3243,3244,3245, 4089,4546,4547,4548,4599,4550,4551,3307, 3323,3328,3584,3962,3969,5267, 4991,5102,5268,5100,5381,5361, 5101,5476,5475,5474,5472,5465,5466,5467, 5468,5464,4886,4986, 4898,4992,5154,5057,5354,5152,5469,5500,5531,5404, 5485,5450, 5487,5537,5547,5505,4955,4989,5411,5372,4962,5405,4528,5541, 6049,6053,6054,6058,6059,6060,6072,6075,6084,6091,5947,5950, 5953,5954, 5955,5961,5965,5966,5967,5968,5970,5973,5989,5990, 6037,6048,6096,6122, 6124,6125,6127,6129,6131,6132,6139,6140, 6141,6142,6144,6148,6149,6150, 6198,6203,6204,4415,4443,4446, 4447,4448,4081,4082,3905,4071,4087,4083, 4084,4085,4086,4088, 4412,4413,4421,4422,3974,3972,3973,4492,4493,3989, 3988,4012, 4013,4014,3362,3399,3980,3981,4017,4022,4026,4027,4182,3782, 3827,3990,3999,4005,4018,4077,4137,4174,4278,4612,4605,4056, 4624,4214, 4204,4176,4202,4175,4176,4199,4583,4620,4585,4581, 4630,4341,4360,4224, 4195,4188,4233,4166,4185,4191,4298,4259, 4353,4425,4261,4453,4364,4614, 4520,4803,4802,4592,4893,4894, 3493,4610,4850,4324,4708,4416,4518,4381, 4395,4503,4417,4830, 4340,4221,4608,4896,4905,4717,4820,4267,4525,4469, 4787,4823, 4617,3543,4206,4205,4168,4201,4764,4655,4246,4250,4170,4121, 4275,4128,4352,4509,4327,4750,4807,4234,4779,4699,4778,4584, 4767,5326, 5327,5330,5518,5501,5494,5488,5458,5504,5473,5261, 5262,4892,4916,4456, 5344,5120,5125,5369,5408,5409,5410,5146, 5360,5266,5335,5277,5328,5108, 5519,5550,5567,5513,5496,5414, 5227,5270,4941,5094,5176,5126,5383,5403, 5376,5356,5284,5169, 5385,5396,5135,4904,4455,4915,4995,3924,4497,3363, and 5369 of 1997.

2. Although all these petitions are technically not admitted but since the respondents have been heard, these petitions are being finally disposed of.

3. About 434 petitions are listed for hearing today. About 75 petitions listed as urgent today have also been heard in the presence of respondents and are being finally disposed of. Number of petitions were directed to be listed on 10.4.1997, but since identical questions are involved, with the consent of the learned counsel present in Court, those petitions were also directed to be listed for today and are also being finally disposed of along with.

4. As stated by Director Land Records (respondent No,1), it was in December, 1995, that the Board of Revenue Punjab, decided to establish one Patwar School in each Revenue Division of the Punjab, to impart admission and necessary training to the students for preparing them to act as Patwaris, as and when the vacancies were to be available in future. Accordingly eight schools at the following centres were established:- (1)Pattoki, (2)Multan, (3)Lala Musa, (4)Jaranwala, (5)Muzaffargarh, (6)Attock, (7)Chishtian, and (8)Mianwali.

5. The course has a duration of about nine months. The basic qualification for admission is matriculation. The candidate is to be between 17 to 23 years of age. In each of the school initially 200 seats were created. Later on it was raised to 800 and presently it is 1000 for each school. The concerned Minister kept the power of granting admission to additional seats to himself, but this power was struck down by this Court on 20-11-1996 by Judgment passed in Writ Petition No,5985- S/96 at Multan Bench. The procedure for recruitment was that the Deputy Commissioner of each District was asked to collect applications from within the District from the candidates desirous to take admission. Subsequently, number of constitutional petitions were filed in this Court calling in question the procedure and manner of admission on the ground that the admissions were made arbitrarily and in utter violation of the principle of merit. Number of admissions were made pursuant to the directions issued by this court. The Director Land Records further informed the court that the schooling is at an advanced stage and the persons already admitted are undergoing practical training. To a further question by the Court the Director Land Records informed that following seats are still available in the schools mentioned below. According to him the figures are those obtaining on 10.3.1997:-- Attock 676 Chishtian 562 Muzaffargarh 410 Mianwali 500 Total :- 2148 He also informed that the initial policy was to restrict admission to a school to the candidates belonging to the Division or District but presently on account of number of judgments passed by this Court, persons coming from other areas are also being admitted to various schools. He also stated that the admission or training does not confer any right of job on the selected persons and the Government does not give any assurance to that effect.

6. In all these petitions the point taken has been that the admissions made are violative of the merit and that each of the petitioner, although better qualified in the sense that he is either F.A. or a Graduate or a Matriculate with higher marks has not been granted admission although he applied within time and persons of lesser qualifications/marks were selected for admission either on account of political interference or for some other undisclosed reasons. This Court called for report and parawise comments as well as the record from the respondents to ascertain the correctness of the submission. However, in today's hearing the learned Assistant Advocate General, as instructed by the Director Land Record, has stated that in view of the availability of the seats and the willingness of the respondents to accommodate each of the petitioners provided they fulfil the qualifications the question of violation of merit in making admissions need not be examined. It was pointed out that it will upset the working of the schools and also adversely affect some of the selected candidates who, in any case, have not been impleaded as parties. Learned counsel appearing for the petitioners, in view of the above submission, did not press for examination of the point and in my judgment rightly so.

7. After detailed hearing and with consent of the parties, it is hereby ordered that all these writ petitions are allowed. Each of the petitioner in these petitions will be granted admission in one or the other Patwar School mentioned below, subject to verification of qualification, age and educational testimonials by a Committee consisting of Assistant Director Land Records to be nominated by respondent No,1 and the Principal of the concerned Patwar School. The verification shall be done at Lahore in the office of Director Land Records respondent No,l. If any petitioner/candidate cannot be granted admission in the school applied for or desired by him due to non-availability of the seat, such a candidate/petitioner will be accommodated in the schools in the following order of preference:- Attock, Chishtian, Muzaffargarh, and Mianwali.

Since the training at the schools is at a reasonably advanced stage, the above exercise of verification is directed to be completed by 29th of March, 1997. Any candidate/petitioner who fails to appear and produce the testimonials or who fails to pass the above scrutiny, will not be entitled to admission and his petition shall be deemed to have been dismissed. No order as to costs.

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