Daya Chaudhary, J. - (1.) The prayer in the present petition is for issuance of a writ in the nature of Certiorari for quashing the impugned order dated 18.11.2016 conveyed vide memo dated 18.11.2016 in compliance of order dated 3.10.2016 passed in CWP No. 20771 of 2016. A further prayer has also been made for restraining the respondents from finalizing the selection and appointment in pursuance of advertisement dated 10.9.2016 issued by respondent No. 3 i.e. Director Land Records, Punjab.
(2.) Briefly, the facts of the case, as made out in the present petition, are that CWP No. 20771 of 2016 was filed for granting one time relaxation in qualification by considering the fact that for the last more than two decades, no recruitment to the post of Revenue Patwari took place in the State of Punjab and a large number of candidates possessing the qualification prior to amendment of Rules 2014 became ineligible. Earlier, the recruitment to the post of Patwari was governed by The Punjab Revenue Patwaris, Class III Service Rules, 1966. Subsequently, there was an amendment in the Rules and the Punjab Revenue Patwaris, Class III Service (First Amendment) Rules, 2008, were notified incorporating the qualification for appointment to the post of Patwari as 10+2. Thereafter, The Punjab Revenue Patwaris Class III Service (First Amendment) Rules, 2014 (hereinafter referred to as 'The Service Rules, 2014') were notified. A public notice was issued on 18.8.2015 inviting applications to fill up 1227 posts of Revenue Patwaris. The last date of the registration was 15.9.2015 and for depositing the application fee, last date was fixed as 18.9.2015. With the amendment of the qualification vide notification dated 28.10.2014, the candidates possessing 10+2 qualification with Patwar course were eligible for the post of Patwari under 1966 Rules and amended in the year 2008. Some of the candidates filed CWP No. 19351 of 2015 titled as Vivek Chaudhary and others vs. State of Punjab and others, which was allowed and the petitioners in that case were permitted to submit their applications manually till 18.9.2015. However, the appointments were ordered to be subject to decision of the writ petition. Another writ petition i.e. CWP No. 20044 of 2015 for seeking the same relief was dismissed on 19.9.2015 as the last date was over. The petitioners then filed LPA No. 1437 of 2015 and the Hon'ble Bench directed to accept the applications, if filed, within 15 days. Ultimately, LPA Nos. 1437 of 2015, 1473 of 2015 and CWP No. 21964 of 2015 were dismissed on account of amendment in the qualification. The recruitment process was stopped and directions were issued to all the departments to put on hold all ongoing recruitments. A memo was also issued to all the Deputy Commissioners conveying the decision of the Cabinet Committee meeting held on 29.7.2015 to invite applications for the post of Patwaris on contract basis with certain conditions that the age should be between 60 to 65 years as on day of engagement and after engagement, one can continue for two years irrespective of the fact that he exceeds 65 years of age during the period of contract. Besides other conditions, one condition was also there that contract can be terminated by either side with 30 days' prior notice.
(3.) Some of the candidates challenged memo dated 5.8.2016 by way of filing CWP No. 17470 of 2016. While issuing notice of motion, the appointment in pursuance of impugned memo was stayed. During pendency of said petition, an advertisement was also issued inviting applications for the post of 1227 Revenue Patwaris and 857 Canal Patwaris.;