Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Non-joining of service by successful candidate---Effect---Right of appointment of runner up candidate (came at serial No.2)---Scope---Petitioner applied for the post of Game Supervisor---Merit list was prepared on the basis of test and interview---Petitioner came at serial No.2 on merit list---Candidate shown at serial No.1 did not join the service---Petitioner claimed herself as topper of the merit list and claimed appointment---Authorities refused to appoint petitioner---Contention of the Authorities was that the selection made with regard to the appointment of a candidate, shown at serial No.1 topper of the list, in case of non-joining, would not entitle the next candidate for appointment as the merit list stood exhausted---Validity---Successful candidate, being topper did not join and the seat became vacant which entitled the next candidate as per waiting list to be offered the post and the same could not be kept waiting and the department was under the obligation to consider the runner candidate for appointment against the post---Hectic drill of subsequent requisition in ordinary course to re-advertise the vacancy would on one hand frustrate the procedure adopted and on the other, would deprive successful candidate appearing at serial No.2, in favour of whom a vested right had been accrued---Department was directed to appoint the petitioner, in circumstances---Constitutional petition was allowed. Government of N.W.F.P through Secretary, Education Department, Peshawar and others v. Qasim Shah 2009 SCMR 382 rel. JUDGMENT ABDUL LATIF KHAN, J.--- Sumaira Umar Awan, petitioner seeks the indulgence of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer:--- "In wake of above submission it is respectfully prayed that on acceptance of this writ petition the appointment order of respondent No.5 may kindly be declared as illegal and void and petitioner may kindly be appointed on the post of Game Supervisor. " 2. Learned counsel appearing on behalf of the petitioner contended that the Registrar, Gomal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492