Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98-Writ jurisdic­tion-High Court not ordinarily entitled to investigate disputed ques­tions of fact ire writ jurisdiction-Finding of fact can, however, be interfered with if based on no evidence, or misreading of evidence, or in ignorance of material evidence, or on consideration of inadmissible evidence. (b) West Pakistan Tahsildari and Naib-Tahsildari Service Rules, 1962, r. 2, Cl. 13(a)(ii)-Requirement of clause fulfilled only when official posted in capacity of Field Kanungo for prescribed period and not when official discharges duties of field Kanungo off anti on in addition to his normal duties as Peshi Kanungo. (c) Constitution of Pakistan .(1962), Art. 58(3)- Special leave to appeal-Official's name restored on list of selected Naib-Tehsildar candidates by High Court-Several years intervening since official's selection for such appointment and official in continuous service as such since then-Special leave to appeal after lapse of so many years against High Court's order restoring official's name on list of selected candidates, refused. ORDER ANWARUL HAQ, J.-The Commissioner, Multan Division, and the Board of Revenue, Punjab, seek special leave to appeal against an order made by a learned Single Judge of the Lahore High Court on the 18th of February 1972, m the matter of the candidature of the respondent, Mian Sher Muhammad, for the post of Naib-Tehsildar. The respondent started service as a revenue Patwari in the year 1946 and was promoted to the post of Kanungo in 1960. In August 1967 he was selected as a Naib-Tehsildar candidate by the Commissioner, Multan Division. However, it was later discovered that the respondent did not qualify for the selection as he had not completed two years' service as a Field Kanungo, as required by clause 13(a)(ii) of rule 2 of the West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962. It appears that the Commissioner had recommended to the Provincial Board of Revenue that this requirement may be relaxed in the exercise of the powers conferred on the Provincial Government in this behalf under rule 13 of the Rules, but this recommendation was not accepted. As a result,…

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