ABDUL WALI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Chap — 2021 PLC(CS) 473 PESHAWAR-HIGH-COURT

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ABDUL WALI KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Chap. 3 Para. 3.6---Patwari, appointment of---Procedure---Amendment of recruitment rules in pursuance of judgment of High Court---Effect---Contention of petitioners was that they had passed Patwar examination and were entitled for appointment as Patwaris according to register of Patwar candidates---Authorities had made advertisement wherein it had been mentioned that appointment of Patwaris would be made as a result of test and interview---Validity---When Rules had subsequently been amended then judgment of High Court could not be considered a bar in the way of authorities to fill posts of Patwaris from amongst the "Patwar pass" candidates on the basis of test and interview---Land Records Manual did not provide procedure for appointment of Patwaris but it had provided for maintenance of list of "Patwar pass" persons, qualification for Patwaris and the procedure for maintenance of said list---Method of recruitment had been left therein to relevant service rules and recruitment policy---Relevant service rules had already been amended and a new mechanism for filling posts of Patwaris had been provided---No vested right had been accrued to the petitioners with their entry into the list of "Patwar pass" candidates---Purpose of maintaining list of "Patwar pass" persons was to have ready information with regard to availability of eligible candidates to facilitate filling up the vacancies---Mere entry of name of petitioners in the Patwar register did not give any vested right to the petitioners to be appointed without prescribed procedure provided by the law i.e. written test and interview---Petitioners could not claim to have acquired vested right and their plea against retrospective operation of the Rules was misplaced---Constitutional petition was dismissed, in circumstances.

ABDUL WALI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Chap — 2021 PLC(CS) 473 PESHAWAR-HIGH-COURT

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