ALI GUL HINGORO Versus FEDERATION OF PAKISTAN

ORDER

AQEEL AHMED ABBASI, J.---- Through instant petition, the petitioner, who claims to be Agri Graduate from Sindh Agricultural University, Tando Jam, has sought following reliefs:-

(a) To direct the respondent No.2 to have its circular dated 11.08.2010, vide No.ACD Circular No.2 implemented by the respondents Nos.3 to 17 in letter and spirit.

(b) To direct the respondents Nos.3 to 17 to implement the circular ACD Circular No.2 dated 11.08.2010 issued by the State Bank of Pakistan/respondent No.2 in letter and spirit.

(c) Any other relief/relieves may be granted by the Hon'ble Court which may deem fit and proper according to the circumstances.

2. Learned counsel for the petitioner submits that the State Bank of Pakistan and the Schedule Banks including respondents banks may be directed to ensure the implementation of ACD Circular No.2 dated 11.08.2016 issued by SBP, in its letter and spirit, so that the Agricultural sector may be benefited and the Agriculturist may also be encouraged and facilitated to obtain finance and other loan facilities from the Banks in terms of aforesaid Circular. It has been further submitted that if the aforesaid Circular will implemented in letter and spirit, the Agri Graduates will also be accommodated and given appointments on priority by the Banks in Agricultural Department in the Commercial Banks. It has been prayed that instant petition is in the nature of Public Interest Litigation, whereas, appropriate directions may be issued to the respondents in the interest of public at large as our country is a Agro based country and its 80% population earns their livelihood from agricultural resources.

3. Learned counsel for the State Bank has referred to the comments filed on behalf of the State Bank of Pakistan and submits that the contention of the petitioner to the extent of seeking implementation of aforesaid Circular is not disputed, however, the claim of the petitioner that Agri Graduates may be accommodated and given appointments in the Agri Department in the Commercial Bank is misconceived and cannot be acceded to, as neither such instructions are contained in ACD Circular No.2 dated 11.08.2010 nor any preference can be given to the Agri Graduates while making appointments in the Banks, as suggested by the petitioner, as according to learned counsel, such appointments are made strictly in accordance with law as per Banking Rules and Regulations. It has been further contended by the learned counsel that directions, as contained in ACD Circular No.2 dated 11.08.2010, mostly refer to the policy guidelines, whereas, such instructions are not mandatory as the same are directory in nature, hence, their implementation depends upon the financial conditions and availability of resources in respective Banks and their Branches. However, it has been submitted that State Bank of Pakistan has maintained a liaison with the Schedule Banks and other Commercial Banks with regard to implementation of aforesaid Circular and will ensure that it may be implemented in its letter and spirit, however, not as suggested by petitioner through instant petition.

4. Learned counsel for the petitioner, while confronted with above factual and legal position, did not controvert the same, however, submits that some physical steps may be taken by the State Bank of Pakistan to ensure implementation of the aforesaid Circular.

5. Accordingly, instant petition stands disposed of in view of the comments filed by the State Bank of Pakistan and the assurance given by the learned counsel of State Bank of Pakistan, whereas, it is expected that needful will be done strictly in accordance with Banking Laws, Rules and Regulations and the Circulars issued from time to time by the State Bank of Pakistan, including ACD Circular No.2 dated 11.08.2010, as referred to hereinabove, which may not have the mandatory nature, however, its implementation would result in improvement and facilitation of Agricultural sector of the country.

6. The Petition stands disposed of in above terms along with listed application.

MH/A-119/Sindh Order accordingly