Law:

Section:

Constitution of Pakistan---Art. 199---Constitutional petition---Civil Service---Recruitment---Appointment to the post of Health Technician at University---Merit list---Petitioner in response to an advertisement, applied for the post of Health Technician and after the test, his name was placed second on the merit list, whereafter the person who was first on the merit list could not join the new assignment---Contention of the petitioner was that after the person who was first on the merit list could not join the post, the petitioner became entitled to appointment---Validity---When the first selected candidate could not join the service, such post still remained vacant and it was imperative for the University to have considered the petitioner against the same, as he was second on the merit list---Petitioner was fully qualified for the post and was called for the test and interview wherein he participated and was declared successful, and therefore for all intents and purposes he was entitled to be offered the post of Health Technician---Petitioner's vested right was illegally refused to him---High Court directed the University to consider the petitioner for appointment against the vacant post---Constitutional petition was allowed, in circumstances. Government of N.-W.F.P. through Secretary Education Department Peshawar and others v. Qasim Shah 2009 SCMR 382 rel. JUDGMENT ROOH-UL-AMIN KHAN, J.--- Razi Rizwan, petitioner herein, through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has prayed for issuance of directions to the respondents/functionaries of the Gomal University D.I.Khan, to appoint him as a Health Technician in view of the test/interview held on 20-9-2011. 2. Facts of the case as narrated by the petitioner in the petition are that in pursuance to the advertisement published in daily Mashriq dated 15-11-2009, the Gomal University D.I.Khan invited applications for recruitment to various posts including the post of Health Technician. The petitioner having the requisite qualifications for the post of Health Technician, applied for the same and after going through the screening test was called for…

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