MUZAFFARABAD: The High Court of Azad Jammu and Kashmir (AJK) has declared illegal the appointments of several patwaris in Sudhnoti district, ruling that their induction without public advertisement violated mandatory recruitment rules.

In a judgement authored by Justice Chaudhry Khalid Rasheed, the court accepted a writ petition filed by Azam Rauf and set aside the appointments of private respondents, terming them “void ab initio” and “coram non judice.”

The petitioner had challenged the appointments on the grounds that the posts were filled without advertisement, a transparent selection process, or preparation of a merit list, in violation of Rule 17 of the AJK Civil Servants (Appointment and Conditions of Service) Rules, 1977.

The respondents contended that the appointments were made in accordance with the Land Records Manual and argued that advertisement was not essential as candidates were selected from a register. They also pleaded that the petition was time-barred, as the appointments dated back to 2010.

However, Justice Rasheed held that the 1977 rules, read with the Revenue Department Service Rules, 1991, made it mandatory to advertise all posts in grade B-1 and above.

He observed that no alternative mechanism for notifying vacancies had been prescribed by the government, making newspaper advertisement the only lawful mode.

Rejecting reliance on the Land Records Manual, the judge ruled that departmental instructions could not override statutory rules framed under the parent law. He noted that the respondents had failed to prove that the appointees possessed the required qualifications or had undergone prescribed training.

The judge also found fault with the preparation of a merit list in 2009 for posts that were not vacant at the time, and its subsequent use for appointments in later years, declaring the practice unlawful.

Dismissing the plea of delay, he observed that the case involved a continuing illegality and could not be thrown out on technical grounds.

Justice Rasheed directed the Senior Member Board of Revenue (SMBR) to inquire into the appointments of all patwaris across AJK since the promulgation of the 1991 rules, and pass an appropriate order regarding those made without advertisement of the posts and from unqualified persons. The report was to be submitted to the court through the registrar within six months.

Justice Rasheed also took notice of non-compliance with an earlier judgement of the court dated September 5, 2025, in which similar directions were issued regarding patwari appointments. He directed the office to issue a separate compliance notice (robkar) to the

SMBR, requiring him to submit a detailed reply.

Published in Dawn, April 11th, 2026