Law:

Section:

Per Malik Manzoor Hussain, J. (a) Land Records Manual--- ----Chap. 3 para.3.6---West Pakistan (Northern Zone) Patwari Subordinate Service Rules, 1963, Rr.5 & 7---Constitution of Pakistan, Art.199---Constitutional petition---Patwari, appointment of---Procedure---Plea raised by petitioners was that for appointment of Patwaris, test and interview was not the criteria rather appointment was to be made from the senior most Patwar-pass persons mentioned in the list entered in Register Patwar---Validity---Appointments of Patwaris, under para.3.6 of Land Records Manual, were to be made from amongst the list of candidates of all Patwar-Pass persons, maintained by Sub-Divisional Collector in Form P-1 appendix "G", subject to observance of service rules and recruitment policy prevalent at the relevant time---Method of recruitment of Patwaris was given in service rules, i.e. Rr.5 & 7 of West Pakistan (Northern Zone) Patwari Subordinate Service Rules, 1963---Until and unless rules prescribed for appointment of Patwaris provided in Land Records Manual as well as service rules with regard to method of recruitment of Patwaris were not amended or struck down, the authorities were bound to make appointments in accordance with existing rules and policy governing the subject-matter---When law required a thing to be done in a particular manner, that thing was to be done in that particular manner and not otherwise---Petition was allowed accordingly. Executive District Officer (Revenue) v. Ijaz Hussain and another 2011 SCMR 1864 and Zafar Iqbal and another v Director Secondary Education, Multan Division and 3 others 2006 SCMR 1427 ref. (b) Interpretation of statutes--- ----When words are not clear, or provision in question is confusing, then duty of interpretation arises and if language is clear and explicit, the Court must give effect to it. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Policy making---Scope---Making policy is prerogative of government and Court in exercise of its Constitutional jurisdiction cannot make policy for government---Court cannot interfere in government policy unless there is infringement of legal rights or found to be…

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