Law:

Section:

(a) Civil service---.--- Departmental rules required that a seniority list was to be maintained by Authorities of approved candidates of "Patwari" in Districts and appointment was to be made only according to that seniority list, keeping in view merit---.---Petitioner, according to merit list was at S.No.18 whereas opposing candidates who were appointed, were at Serial Nos.7 and 8 on merit list---.---Keeping in view rule of merit, opposing candidates had rightly been appointed. Azad Government and another v. Saif Ali Mughal and others Civil Appeal No. 138 of 2001; PLD 1980 Kar. 166 and M.D. Tahir, Advocate v. Federal Government ' thiough Secretary, Cabinet Division, Pakistan, Islamabad and 2 others PLD 2000 Lah. 251 ref. (b) Interpretation of statutes---.------.--- Policy or notification could not override statutory rules framed by Government under the statute---.---Executive instructions and policies could not amend statutory rule. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of .1974)---.------.--- S. 44---.---Writ jurisdiction---.---Scope---.---Question of fact could not be gone into by High Court in exercise of writ jurisdiction. THIS ORDER PASSED BY: GHULAM MUSTAFA MUGHAL, JUSTICE:-----.------ This writ petition under section 44 of the Azad J&K Interim Constitution Act, 1974, has been filed to challenge the appointment of respondents Nos. 5 and 6 made on 22 5 2001, by respondent No. 1. The facts necessary for the disposal of this petition are that the petitioner claims to have appeared in the test and interview for appointment to the post of "Patwari", on 21 3 1999. According to the merit list prepared by the respondent No.3, Commissioner Settlement, the petitioner qualified the test and interview and was placed at S.No.18 whereas respondents Nos. 5 and 6 were placed at S.Nos.7 and 8 of the same. It is averred that previously the Revenue Department had appointed Abdur Rashid and Arif Mughal, candidates as "Patwaris" on 23 8 2000 and 25 8 2000. These orders were challenged by the petitioner through a writ petition on 13 9 2000 which was accepted by this Court on 26 3 2001 and appointment order of these persons, was vacated. The respondents…

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