Law:

Section:

Civil service--- ----Public Service Commission---Appointment against the post of Assistant Superintendent of Police---Contention of appellant was that he had qualified against the post in question but some of the posts had been withheld by the department---Writ petition filed by the appellant was dismissed by the High Court---Validity---Nothing was on record to show that any post had been withheld by the department---Mere bringing on record the facsimile copy of budget book could not be treated as a proof that the post was withheld---Petitioner had sought relief that department be directed to send the requisition of the vacant post of Assistant Superintendent of Police to Public Service Commission and Commission be directed to approve the said post---Relief sought by the petitioner was against law as after sending requisition by the department, the Public Service Commission advertise the same and hold fair and transparent test and interview and after completion of such process could recommend the candidate on merit---High Court was not empowered to pre-empt the jurisdiction of Public Service Commission and without advertisement of the post or determination of merit, Public Service Commission, could not be directed to recommend any specific person---Advertised vacancies of Assistant Superintendent Police had been filled in by appointment of the candidates selected on merits---None of the candidates had failed to join or any vacancy out of advertised posts became available within 180 days due to any other reason---No direction could be issued for appointment of any candidate against such post which had neither been advertised nor became available within 180 days of the selection---Impugned passed by the High Court did not suffer from any illegality or infirmity---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, C.J.---- The captioned appeal by leave of the Court has been filed against the judgment of the High Court dated 15.05.2018, whereby, the writ petition filed by the petitioner, herein, has been dismissed. 2. The brief facts of the case are that the Public Service Commission advertised 4 posts of Assistant…

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