Case Details

Citation(s)
2006 SLG 1907 2006 SLD 1907 2006 PLC 1372
Peshawar High Court
Civil Miscellaneous Nos.128, 129, 130, 131 and Writ Petitions Nos.86, 142, 38 and 39 of 2006, heard on 16-06-2006.
SALIM KHAN AND HAMID FAROOQ DURRANI, JJ

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MUHAMMAD IBRAR KHAN

VS

GOVERNMENT OF N.W.F.P. through Secretary Revenue, Peshawar and 13 others

Law:

Section:

Land Record Manual------R. 3.10, Chap.-III, Part II---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Eligibility to be trained in Patwar Training School---Upper age limit for the candidates was 25 years and only candidates already in service as Patwaris were eligible for training beyond the age of 25 years---Petitioners could not show that they were enlisted candidates/accepted candidates and their names appeared in the register for Patwari candidates---Such persons could have certificates from certain Patwaris, but they did not have any document to the effect that they had submitted applications for the entry of their names in the register and their names appeared/entered in such a list---Petitioners, in circumstances, did not 'ball in the category of accepted candidates---Petitioners were not officially appointed/employed Patwaris and there was no speciality in their case for special permission/exemption from passing through the training course before examination---Petitioners fell under the category of un-accepted candidates and it was the discretion of Director Land Records to either allow or refuse admission to petitioners to the Patwar Training School---Petitioners, in circumstances were not entitled to the concessions available to Patwaris who were already in active service of the Government. Ghulam Younas Khan Tanoli for Petitioner. Q. Abdul Rasheed. D.A.-G. for Respondents. Date of hearing: 16th June, 2006. JUDGMENT SALIM KHAN, J.--- Muhammad Ibrar Khan, petitioner of Writ Petition No.86 of 2006, Muhammad Nawaz petitioner of Writ Petition No.142 of 2006, Akbar Mansoor petitioner of Writ Petition No.38 of 2006, and Abdul Hanan of Writ Petition No.39 of 2006 contended, through their respective' writ petitions, that they were Patwari apprentices/trainees with the Patwaris named in their petitions and they were eligible to be trained in the Patwar Training School and were eligible to be allowed to take examination of Patwari. Muhammad Nawaz requested that the age for the training and examination declared as 25 years in his case be declared not applicable to him. Each of them also submitted an application for temporary relief. The…
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