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The Recruitment Processes should strictly adhere with the Statutory Rules and any errors in advertisement cannot nullify the rules --- Lahore High Court, Lahore

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The Recruitment Processes should strictly adhere with the Statutory Rules and any errors in advertisement cannot nullify the rules --- Lahore High Court, Lahore

Islamabad 01-10-2024: The Lahore High Court, Multan Bench, has dismissed a Writ Petition filed by Hafiz Muhammad Atif Mumtaz, challenging his disqualification from the recruitment process for the post of Patwari. The Court upheld the legality of Tehsil-specific recruitment rules over the inconsistent advertisement requirements, emphasizing that statutory rules cannot be nullified by errors in the advertisement.

Mr. Justice Anwaar Hussain, while presiding over the case [Writ Petition No. 10689 of 2024], ruled that the Punjab Revenue Department’s recruitment rules for Patwaris must take precedence over any inadvertent mistakes made during the advertisement process. The Court stated that the statutory rules, which stipulate that the candidate must be a resident of the Tehsil in which the appointment is made, cannot be overridden by the broader district-level residency requirements mentioned in the advertisement.

The case represents the fourth round of litigation for the petitioner, who previously challenged the recruitment process in various writ petitions. Initially, the petitioner sought redress for alleged irregularities in the recruitment process through [W.P. No. 4816/2022], which led to an investigation by the Deputy Commissioner. Subsequent writ petitions [W.P. No. 8238/2022 and W.P. No. 11477/2023] resulted in fresh decisions and re-advertisement directives from the Court.

In the judgement, the Court emphasized several key legal principles, including the primacy of statutory rules over advertisements and the concept of “no estoppel against the law.” The Court reiterated that recruitment processes must strictly adhere to statutory rules, and any errors in advertisement cannot legally nullify the rules.

“The rules are conferred with statutory force, which cannot be trumped and nullified by intentional and/or unintentional mistake on part of the department while advertising the posts of Patwari,” Mr. Justice Anwaar Hussain stated in his judgement.

The petitioner argued that his disqualification based on the Tehsil-specific residency requirement was unjust, as the advertisement only required candidates to be residents of District Multan. The Court rejected this argument, highlighting that the department’s strict adherence to the recruitment rules is legally justified, and no estoppel can operate against the application of these rules.

The Court dismissed the petitioner’s plea that the respondents were estopped from enforcing the Tehsil-specific requirement. It also rejected the petitioner’s claim of discrimination, noting that the petitioner failed to prove that any candidates from outside the relevant Tehsil were appointed. The Court distinguished this case from previous cases cited by the petitioner, including Usmat Batool Vs. Bahauddin Zakariya University and Rasheed-ud-Din Vs. Provincial Government, stating that those cases involved different factual scenarios and legal issues.

The decision reaffirms the importance of following statutory recruitment rules, even when there are discrepancies in the advertisement. It establishes that recruitment criteria set out in statutory rules cannot be altered or nullified due to administrative errors or omissions in the advertisement process.

The judgement provides clarity on the interplay between statutory rules and advertisement requirements, reinforcing the principle that statutory rules hold primacy in the recruitment process.