Primacy of Statutory Rules and Advertisement Criteria

The Lahore High Court addressed the legal conflict between the statutory rules governing the appointment of Patwaris and the criteria mentioned in a job advertisement (2024 LHC 4048). The Court explained that the statutory rules, which required Tehsil-specific appointments, take precedence over the erroneous advertisement that only stipulated district-level residency requirements.

Background:

The petitioner, Hafiz Muhammad Atif Mumtaz, challenged the denial of his appointment as a Patwari by the Multan Revenue Department. The job advertisement required applicants to be residents of District Multan, but the relevant statutory rules specified that appointments must be Tehsil-specific, meaning the candidate had to reside in the Tehsil where the appointment was to be made. The petitioner, a resident of Tehsil City, applied for a position in Tehsil Saddar and was rejected based on the residency requirement. He claimed that the advertisement did not specify Tehsil-specific residency, and therefore, the department should be estopped from denying his appointment.

Key Issues:

Primacy of Statutory Rules vs. Advertisement Criteria: The core issue was whether the statutory rules governing the appointment of Patwaris, which require Tehsil-specific residency, should take precedence over the district-wide residency requirement mentioned in the advertisement.

Estoppel Against the Department: The petitioner argued that the department was estopped from denying him the appointment since the advertisement did not mention the Tehsil-specific requirement.

Discrimination in the Appointment Process: The petitioner also claimed that other candidates with lower merit had been appointed, and he was being unfairly excluded from the process.

Court's Analysis:

Primacy of Statutory Rules: The Court emphasized that statutory rules hold greater legal weight than advertisements. The Punjab Revenue Department (Revenue Administration Posts) Rules, 2009 require Patwari appointments to be made from among residents of the Tehsil where the vacancy exists. While the advertisement only mentioned district residency, the Court ruled that the rules must prevail over any administrative errors in the advertisement. The advertisement is merely a procedural step within the broader statutory framework and cannot override the legal requirements set by the rules.

No Estoppel Against the Law: The Court rejected the petitioner's estoppel argument, stating that there is no estoppel against the law. Even if the advertisement was faulty, the department was entitled to follow the legal requirements stipulated in the rules. The petitioner could not claim a right to the position based on an erroneous advertisement when the law clearly required Tehsil-specific appointments.

No Discrimination: The Court found no evidence of discrimination in the appointment process. The petitioner failed to demonstrate that candidates from outside Tehsil Saddar had been appointed to positions within the Tehsil. The Court reiterated that any unlawful appointments could not justify further violations of the law.

Court's Conclusion: The Lahore High Court dismissed the petition, affirming that statutory rules governing appointments take precedence over any errors in job advertisements. The department’s adherence to the Tehsil-specific residency requirement was legally sound, and the petitioner could not claim a right to the position based on an erroneous advertisement. The Court also noted that there was no evidence of discrimination in the appointment process, further undermining the petitioner's claims.

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